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MERCHANTS NATIONAL BANK v. MORRISSEY

329 Mass. 601 (1953)

109 N.E.2d 821

THE MERCHANTS NATIONAL BANK OF NEW BEDFORD & another, trustees, vs. WILLIAM J. MORRISSEY & others.

Supreme Judicial Court of Massachusetts, Bristol.

January 2, 1953.

Attorney(s) appearing for the Case

Charles A. Adams, guardian ad litem, pro se.

Joseph F. Francis, for William J. Morrissey.

George P. Ponte, for John David Morrissey.

Raymond McK. Mitchell, guardian ad litem, pro se.

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

WILKINS, J.

This petition for a declaratory decree is by the trustees under a trust instrument executed by the respondent William J. Morrissey. The controversy arises out of an assignment signed by him on October 27, 1948, which reads: "In consideration of one dollar and other consideration, I, William J. Morrissey of Fairhaven, Massachusetts, County of Bristol, hereby assign all my right, title, and interest in the Trust Instrument, dated December 21, 1940, in which...

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