FIRST BANK & TRUST CO OF HAMPDEN CTY. v. ATTORNEY GEN.


371 Mass. 796 (1977)

359 N.E.2d 938

FIRST BANK AND TRUST COMPANY OF HAMPDEN COUNTY, trustee, vs. ATTORNEY GENERAL & others (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

February 1, 1977.


Attorney(s) appearing for the Case

Ronald C. Kidd stated the case.

Gerald R. Hegarty for Third Congregational Society in Springfield.

Mary Joann Reedy, Assistant Attorney General, for the Attorney General.

Richard F. Faille, guardian ad litem, pro se.

William B. Duffy, Jr., for Unitarian Universalist Association, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.


HENNESSEY, C.J.

First Bank and Trust Company of Hampden County (First Bank) brought two petitions in equity as trustee under the wills of Sarah E. Spaulding and George M. Stearns seeking instructions as to whether certain bequests under both wills to or for the benefit of the First Unitarian Society of Chicopee (Chicopee Society) have failed as a result of the merger of that church with the Third Congregational Society in...

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