MESERVE v. JORDAN MARSH CO.


340 Mass. 660 (1960)

165 N.E.2d 905

ROBERT W. MESERVE, special administrator, vs. JORDAN MARSH COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1960.


Attorney(s) appearing for the Case

Robert W. Meserve, (Jerry M. Brown & Frederick S. Paulsen with him,) for Meserve.

Philip B. Buzzell, (Charles M. Ewing with him,) for Jordan Marsh Company.

Arthur J. Martin, for Craig and others, submitted a brief.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


CUTTER, J.

In 1951, the Dowling Block, "a 100% location" in the business section of Malden, was owned by Jewell A. Dowling, except for a portion (Lot A) owned by Dowling as trustee of a trust under his father's will. On June 14, 1951, when Dowling was nearly seventy-five, he executed as trustee and individually a lease to F.N. Joslin Company (Joslin) of the whole block for a term of fifty years at an annual net rental of...

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