HILLMAN v. ROMAN CATHOLIC BISHOP OF FALL RIVER


24 Mass. App. Ct. 241 (1987)

508 N.E.2d 118

ARTHUR C. HILLMAN & others vs. ROMAN CATHOLIC BISHOP OF FALL RIVER & others.

Appeals Court of Massachusetts, Bristol.

June 1, 1987.


Attorney(s) appearing for the Case

Erik Lund (Samuel Zaharoff with him) for the plaintiffs.

Raymond J. Brassard (Mary B. Freeley with him) for Broad Street Construction, Inc., & others.

Edward B. Hanify (Frederic J. Torphy with him) for Roman Catholic Bishop of Fall River.

Present: PERRETTA, CUTTER, & KASS, JJ.


KASS, J.

In 1951, four members of the Hillman family, without consideration, gave a release deed to the Roman Catholic Bishop of Fall River (Bishop) of a seven and one-half acre parcel of land in North Attleborough. The deed read: "We ... release to the ... Bishop ... for the use of St. Mary's Parish for educational, religious or recreational purposes, all our right, title, and interest in the land...." The question on appeal is whether that language and circumstances...

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