NEWHALL v. SECOND CHURCH & SOCIETY OF BOSTON


349 Mass. 493 (1965)

209 N.E.2d 296

CHARLES A. NEWHALL vs. THE SECOND CHURCH AND SOCIETY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1965.


Attorney(s) appearing for the Case

Philip R. White (Louis F. Eaton, Jr., with him) for the plaintiff.

A. Leavitt Taylor (Faye Gloria Yoffa with him) for The Second Church and Society of Boston & others.

James J. Kelleher, Assistant Attorney General, for the Attorney General.

Present: WILKINS, C.J., WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

We are to decide in this case whether, for purposes of injunctive relief at the instance of a proprietor, The Second Church and Society of Boston, a corporation by special act (St. 1823, c. 66) (hereinafter, the Second Church), has effectively sold to Henry F. duPont, for the Henry Francis duPont Winterthur Museum of Winterthur, Delaware, five silver vessels alleged to have been given to a predecessor unincorporated religious body, one piece in 1706...

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