SULLIVAN v. ROMAN CATHOLIC ARCHBISHOP OF BOSTON


368 Mass. 253 (1975)

331 N.E.2d 57

PAUL M. SULLIVAN & others vs. ROMAN CATHOLIC ARCHBISHOP OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 27, 1975.


Attorney(s) appearing for the Case

William A. Ryan (William J. Lee & Maurice F. Joyce with him) for the plaintiffs.

John J. Gartland (Francis V. Hanify with him) for the Roman Catholic Archbishop of Boston & another.

Timothy J. Lane, Assistant Attorney General, for the Attorney General.

Present: TAURO, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.


TAURO, C.J.

This suit for declaratory relief was brought in the Land Court pursuant to G.L.c. 185, § 1 (k), and c. 231A, to determine what interest, if any, the plaintiffs have in a Billerica farm which was owned by the testator, Edward T.P. Graham, at the time of his death. This land was devised under cl. 3 of Graham's will to "Archbishop Richard J. Cushing of Boston, Massachusetts, to be devoted to such charitable uses as he may select. If, however, he will...

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