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DAY v. CROWLEY

341 Mass. 666 (1961)

172 N.E.2d 251

HELEN H. MOORE DAY vs. WALLACE E. CROWLEY & another, trustees, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 13, 1961.

Attorney(s) appearing for the Case

John O. Rhome, (Kenneth A. Korb with him,) for the petitioner.

Joseph B. Abrams, (Robert T. Abrams & Wallace E. Crowley with him,) for the respondent trustees.

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

WHITTEMORE, J.

The appeal of the petitioner (Day) is from decrees of the probate judge, sitting in equity, which allowed a plea in bar of the respondents Crowley and Martin (the respondents) and dismissed the petition. The petition set out a deed of trust by Ada Langley Briggs to herself and the respondents as trustees for the benefit of Day and others as discretionary beneficiaries. The other beneficiaries were made parties. The petition sought (a) to set aside a...

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