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FULTON v. TRUSTEES OF BOSTON COLLEGE

372 Mass. 350 (1977)

361 N.E.2d 1297

ROBERT FULTON & another, executors, & another vs. TRUSTEES OF BOSTON COLLEGE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 1977.

Attorney(s) appearing for the Case

Philip E. Morin & Stephen C. Fulton for the plaintiffs.

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

LIACOS, J.

The plaintiffs, executors and trustee under the will of William M. Waul, filed a petition for instructions with the Probate Court for Suffolk County. The probate judge reported the matter to the Appeals Court without decision on a statement of agreed facts. Mass. R. Civ. P. 64, 365 Mass. 831 (1974). The plaintiffs thereupon filed an application for direct appellate review which we allowed.

The report raises a number of issues pertaining to the construction...

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