PHILLIPS EXETER ACADEMY v. GLEASON

No. 4893.

103 N.H. 197 (1961)

PHILLIPS EXETER ACADEMY v. ISABEL M. GLEASON & a. JOHN N. THOMPSON & a., Tr'ees v. TRUSTEES OF PHILLIPS EXETER ACADEMY & a.

Supreme Court of New Hampshire.

Decided March 7, 1961.


Attorney(s) appearing for the Case

Perkins, Holland & Donovan (Mr. Donovan orally), for Phillips Exeter Academy.

George R. Scammon for Ralph B. Fish.

Burnham B. Davis and Upton, Sanders & Upton (Mr. Robert W. Upton orally), for Isabel M. (Fish) Gleason, individually and as executrix of the will of Josephine Fish Pendergast.

Ernest R. D'Amours, Director of Register of Charitable Trusts, pro se, furnished no brief.


LAMPRON, J.

The Academy has filed identical pleas of res judicata to defendants' motion for relief from the agreed statement of facts in the first action and to their petition in the second action to vacate all orders or decrees allowing the Academy's accounts and to disallow and dismiss them. As these pleas deny none of defendants' allegations they are to be taken as admitted for the purpose of deciding the issues submitted to us by the Superior Court. The...

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