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FRANKLIN FOUNDATION v. BOSTON

336 Mass. 39 (1957)

142 N.E.2d 367

THE FRANKLIN FOUNDATION vs. CITY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1957.

Attorney(s) appearing for the Case

Noel Morss, (Edward W. Raye with him,) for the plaintiff.

William H. Kerr, (Nicholas C. Crossen, Jr., with him,) for the city of Boston and another.

Hugh Morton, Assistant Attorney General, for the Attorney General.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.

WILKINS, C.J.

This bill for declaratory relief is reported without decision by a single justice on the bill and answers. In issue are the terms of a gift made in 1905 by Andrew Carnegie to the city of Boston, the plaintiff's contention that there is a right to expend principal for current expenses being disputed by the defendants, who are the city, the collector-treasurer of the city, and the Attorney General. See City Bank Farmers Trust Co. v. Carpenter...

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