BROOKLINE v. BARNES


327 Mass. 201 (1951)

97 N.E.2d 651

TOWN OF BROOKLINE vs. CHARLES B. BARNES & another, trustees, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

March 15, 1951.


Attorney(s) appearing for the Case

L.E. Ryan, Assistant Attorney General, (G.J. Barry, Assistant Attorney General, with him,) for the Attorney General.

D.G. Rollins, for the town of Brookline.

Lee M. Friedman, (J. Kruger & A.J. Dimond with him,) for Allerton Hospital.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & WILLIAMS, JJ.


SPALDING, J.

In the fifteenth clause of his will Stephen G. Train (who was a resident of Brookline at the time of his death on May 6, 1920) bequeathed the residue of his estate "to the town of Brookline as a fund or part of a fund for the purpose of establishing and maintaining a public general hospital in the town, the income from the same, until the establishment of such a hospital, to be used for the relief of sickness among the poor." We held in 324 Mass. 632...

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