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TRUSTEES OF DARTMOUTH COLLEGE v. QUINCY

357 Mass. 521 (1970)

258 N.E.2d 745

TRUSTEES OF DARTMOUTH COLLEGE vs. CITY OF QUINCY, trustee, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

May 13, 1970.

Attorney(s) appearing for the Case

Ruth M. Paven for the Chairman of the Board of Supervisors of the Woodward School for Girls & other respondents.

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

John B. Dolan for the petitioner.

Harry Pavan, City Solicitor, joined in a brief.

Present: WILKINS, C.J., SPALDING, CUTTER, & QUIRICO, JJ.

CUTTER, J.

The petitioner (Dartmouth) brings this petition in equity in the Probate Court to enjoin the city of Quincy (as trustee of the charitable trust established under the will of Dr. Ebenezer Woodward) and the trustees and principal of the Woodward School from admitting to that school "any girl who was not, either born in ... Quincy, or born of a parent who at the time of such child's birth, was either domiciled in or a resident of ... Quincy." The final decree...

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