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MASSA v. STONE

346 Mass. 67 (1963)

190 N.E.2d 217

JOSEPH V. MASSA vs. JUDAH M. STONE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1963.

Attorney(s) appearing for the Case

Philip J. Woodward (Arthur T. Wasserman & Julius Thannhauser with him) for the respondent.

John D. Dwyer for the petitioner.

Edward H. Bennett, Jr., & Philip H. Suter, for the successor trustee, amicus curiae, submitted a brief.

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

CUTTER, J.

This is a petition by Joseph Massa, a beneficiary of a voting trust, to remove Mr. Judah Stone, an attorney, as one of the voting trustees. A probate judge "[d]ismissed after full hearing" a plea to the jurisdiction, a plea in abatement, a plea in bar, and a motion that the court decline jurisdiction. From these decrees Mr. Stone appealed. Mr. Stone then filed an answer. A decree was entered removing Mr. Stone as voting trustee. Mr. Stone appealed from...

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