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RICHARDSON v. CLARKE

372 Mass. 859 (1977)

364 N.E.2d 804

GARALD K. RICHARDSON, individually and as trustee, vs. BRADLEE F. CLARKE & another, trustees, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 30, 1977.

Attorney(s) appearing for the Case

Donald J. MacRae for the plaintiff.

Hanson S. Reynolds for Bradlee F. Clarke & another, trustees, & others.

Steven J. Cohen for Louis DiGiovanni.

Edward M. Dangel, guardian ad litem, submitted a brief.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

The plaintiff initiated this action in the Probate Court seeking to nullify two leases and a purchase and sale agreement executed by two of the three trustees of the Brattle Craigie Trust, a Massachusetts business trust. The action was heard on cross motions for summary judgment presenting, inter alia, the issues which are before us in this appeal: (1) whether the powers of the business trustees could validly...

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