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CHILDS v. SHERMAN

351 Mass. 450 (1966)

221 N.E.2d 748

ERNEST L. CHILDS vs. MALCOLM C. SHERMAN, trustee, & another (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

December 2, 1966.

Attorney(s) appearing for the Case

Richard O. Staff for Ernest L. Childs & another.

Philip Barnet for Malcolm C. Sherman, trustee.

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

SPIEGEL, J.

These are cross bills in equity arising from the same facts. In the first suit the plaintiff Ernest L. Childs (Childs) seeks an accounting, the appointment of a receiver and other relief against Malcolm C. Sherman (Malcolm) in the latter's capacity as trustee and also names one Ellery C. Sherman (Ellery) as a defendant.1 In the second suit Malcolm seeks an accounting from Childs and...

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