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DAVENPORT v. ATTORNEY GENERAL

361 Mass. 372 (1972)

280 N.E.2d 193

CHARLES T. DAVENPORT & another vs. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Franklin.

March 8, 1972.

Attorney(s) appearing for the Case

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

William H. Welch (Melvin G. Barclay with him) for the petitioners.

Present: CUTTER, SPIEGEL, QUIRICO, & BRAUCHER, JJ.

CUTTER, J.

This amended petition seeks declaratory relief in the Probate Court concerning the interests of various persons in the charitable residuary trust arising under the earlier of two codicils to the will of George W. Davenport (the testator), who died April 9, 1905. A probate judge overruled demurrers and, after hearing, entered a decree declaring the rights of the parties in a manner adverse to the interests of the...

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