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INHABITANTS OF TOWN OF LEBANON v. SHAPLEIGH

147 A.2d 451 (1958)

INHABITANTS OF TOWN OF LEBANON, Board of Selectmen of Lebanon and Town Treasurer of Lebanon, v. James H. SHAPLEIGH and William T. Shapleigh, Trustees, and All Persons Who Claim or Might Claim By, Through or Under Them; and Richard W. Shapleigh, Deceased, and All Persons Who Claim or Might Claim By, Through or Under Him, as Heirs at Law or Otherwise.

Supreme Judicial Court of Maine.

December 31, 1958.

Attorney(s) appearing for the Case

Willard & Hanscom, Sanford, Simon Spill, Biddeford, for plaintiffs.

Titcomb, Fenderson & Titcomb, Sanford, Frank F. Harding, Atty. Gen., for defendants.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and DUBORD, JJ.

DUBORD, Justice.

This is a petition for a declaratory judgment brought on the equity side. It seeks a determination relating to the interpretation of a gift given to the Town of Lebanon in 1894, by James H. Shapleigh and William T. Shapleigh, who describe themselves as trustees of Richard W. Shapleigh. Service on the defendants was made by publication. None of the defendants appeared, no guardian ad litem was appointed for minors or incompetent persons, and no decree...

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