ROWLAND v. JUNE


327 Mass. 455 (1951)

99 N.E.2d 283

GEORGE R. ROWLAND & another vs. MERRILL S. JUNE & others, trustees.

Supreme Judicial Court of Massachusetts, Suffolk.

June 1, 1951.


Attorney(s) appearing for the Case

R.J. Whipple, for the defendants.

R. Wait, for the plaintiffs.

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


WILKINS, J.

The beneficiaries under an instrument of trust established by the late Frank F. Phinney and dated January 11, 1919, bring this bill in equity against the trustees seeking a declaration that the trust has served its purpose and praying that it be terminated. From a final decree in favor of the plaintiffs the trustees appealed. The judge made a report of the material facts found by him, and the evidence is reported. There is no factual dispute, the only...

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