BURKE v. FITZHERBERT


350 Mass. 68 (1966)

213 N.E.2d 381

VINCENT W. BURKE, trustee, vs. JANE E. FITZHERBERT & others.

Supreme Judicial Court of Massachusetts, Essex.

January 4, 1966.


Attorney(s) appearing for the Case

John A. McCarty for the plaintiff.

George C. Caner, Jr., for Ruth L. Darling & another (Andrew R. Linscott, for Jane E. Fitzherbert & others, with him).

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


WHITTEMORE, J.

The plaintiff has appealed from the final decree of the Superior Court dismissing the substitute bill of complaint following interlocutory decrees that sustained the defendants' demurrers.

The bill, in summary, alleges as follows: the plaintiff owns land in Swampscott to which there is appurtenant a right to use Phillips Beach and to have access thereto over land that was in 1916 owned by the trustees...

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