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FIRST CHURCH SOMERVILLE (UNITARIAN) v. ATTORNEY GEN.

375 Mass. 332 (1978)

376 N.E.2d 1226

FIRST CHURCH IN SOMERVILLE (UNITARIAN) & another vs. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 25, 1978.

Attorney(s) appearing for the Case

William B. Duffy, Jr., for the Unitarian Universalist Association.

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

Francis L. Coolidge for Massachusetts General Hospital & another.

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

HENNESSEY, C.J.

This proceeding is in the nature of a complaint for instructions and, if necessary, for application of the doctrine of cy pres concerning the Tyler Fund, a charitable trust established in 1881 under the will of Columbus Tyler. It was brought by the First Church in Somerville (Unitarian) — hereafter First Church — and the Unitarian Universalist Association (Association). The plaintiffs named as defendants the Attorney General of the Commonwealth...

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