STARK v. STARK


341 Mass. 591 (1961)

170 N.E.2d 918

GORDON T. STARK vs. LOUISE STARK & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 3, 1961.


Attorney(s) appearing for the Case

Howard W. Cole, (Oliver R. Waite with him,) for the plaintiff.

Robert W. Meserve, (James P. Lynch, Jr., with him,) for the defendant Stark.

Herbert P. Wilkins, by leave of court, submitted a brief as amicus curiae.

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


SPALDING, J.

The plaintiff in May, 1954, brought this suit against his wife, a nonresident (hereinafter referred to as the defendant), to set aside an assignment to her of a portion of his interest in a trust fund. The trustees of the fund were joined also as defendants. The wife appeared generally and filed an answer, which included a counterclaim. Following several continuances, which were granted at the plaintiff's request, the case was heard by a master in December...

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