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BD., SELECTMEN OF PROVINCETOWN v. ATTORNEY GEN

15 Mass. App. Ct. 639 (1983)

447 N.E.2d 677

BOARD OF SELECTMEN OF PROVINCETOWN & another vs. ATTORNEY GENERAL & another.

Appeals Court of Massachusetts, Barnstable.

April 12, 1983.

Attorney(s) appearing for the Case

Lawrence O. Spaulding, Jr., for the plaintiffs.

Elizabeth Goddard (Francis L. Coolidge & Robert N. Shapiro with her) for President and Fellows of Harvard College.

Present: ARMSTRONG, GREANEY, & KASS, JJ.

GREANEY, J.

This is a dispute between the inhabitants and the board of selectmen of the town of Provincetown (collectively the town) and President and Fellows of Harvard College (Harvard) over a devise of real estate in the will of Mabel Elliott Day. The material facts are undisputed and, together with the proceedings below, may be summarized as follows. Mrs. Day died on November 24, 1949, leaving a will which was allowed by the Probate Court for Barnstable County...

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