ATTORNEY GEN v. PRESIDENT & FELLOWS OF HARVARD COLLEGE


350 Mass. 125 (1966)

213 N.E.2d 840

ATTORNEY GENERAL vs. PRESIDENT AND FELLOWS OF HARVARD COLLEGE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 1966.


Attorney(s) appearing for the Case

John K. Mallory, Jr., of the District of Columbia (Thomas H. Mahony & Thomas V. Rankin, Special Assistant Attorneys General, & Richard W. Hulbert, of New York, with him) for the Attorney General.

Warren F. Farr (Donald R. Grant with him) for the respondent.

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


WHITTEMORE, J.

This information in equity to enforce a trust, brought by the Attorney General at the relation of members of the Association for the Arnold Arboretum, Inc., challenges the acts of the defendant under a resolution of January 19, 1953, in removing to Cambridge, from the Arnold Arboretum premises in the Jamaica Plain district of Boston, the bulk of the library and herbarium of the Arboretum. The basic issue is whether this removal was a breach of the trust...

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