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ATTORNEY GENERAL v. FIRST UNITED BAPTIST

601 A.2d 96 (1992)

ATTORNEY GENERAL v. FIRST UNITED BAPTIST CHURCH OF LEE.

Supreme Judicial Court of Maine.

Decided January 3, 1992.

Attorney(s) appearing for the Case

Charles E. McFarland, Newton Falls, Ohio, Patrick Hunt, Island Falls, for plaintiff.

Michael E. Carpenter, Atty. Gen., Francis E. Ackerman, Leanne Robbin, Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and WATHEN, GLASSMAN, CLIFFORD and COLLINS, JJ.

COLLINS, Justice.

The First United Baptist Church of Lee appeals from a Superior Court (Penobscot County, Smith, J.) decision, ordering the Church to account for the assets of the Cobb trust. The Church argues that because it is both the trustee and sole beneficiary of the trust, that the legal and equitable title to the trust have merged upon the expiration of the restraint on alienation giving the Church complete ownership, or in the alternative, that even...

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