WORCESTER v. DIRECTORS OF THE WORCESTER FREE PUB. LIB.


349 Mass. 601 (1965)

211 N.E.2d 356

CITY OF WORCESTER vs. DIRECTORS OF THE WORCESTER FREE PUBLIC LIBRARY & others.

Supreme Judicial Court of Massachusetts, Worcester.

October 29, 1965.


Attorney(s) appearing for the Case

Harry J. Meleski, City Solicitor, for the City of Worcester.

Richard W. Mirick for the Directors of the Worcester Free Public Library.

James F. Queenan, Jr., for the interveners Jerome W. Howe & others.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


SPALDING, J.

This is a petition in equity in the Probate Court brought by the city of Worcester to secure modification under the doctrine of cy pres of some of the terms of a trust created in a deed of gift and in the will of the late Dr. John Green. The petition requests that the power of appointment of the personnel and directors of the city's library be taken from the library board of directors and the city council, respectively...

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