ASCHER v. COHEN


333 Mass. 397 (1956)

131 N.E.2d 198

JOSEPH ASCHER vs. HERMAN B. COHEN, trustee, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 3, 1956.


Attorney(s) appearing for the Case

Harry J. Williams, for the petitioner.

John S. McKenney, for the respondents Cohen and others.

Monto Rosenthal, administrator, pro se.

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


RONAN, J.

This is a petition in equity brought under G.L. (Ter. Ed.) c. 230, § 5, as amended by St. 1934, c. 116, by one Ascher to recover as assets of the estate of his deceased wife, Marion Goldenberg Ascher, two hundred shares of the capital stock of the Alberti Importing and Exporting Co., Inc., now held by the respondent Cohen as trustee in accordance with the provisions of a written trust created by the said Marion. The administrator with the will annexed...

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