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EDGARTOWN FEDERATED CHURCH v. SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES, INC.

No. 18-P-1701.

97 Mass. App. Ct. 23 (2020)

THE EDGARTOWN FEDERATED CHURCH, v. SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES, INC., & another.

Appeals Court of Massachusetts, Dukes County.

February 4, 2020.

Attorney(s) appearing for the Case

Robert J. O'Regan , for Society for the Preservation of New England Antiquities, Inc.

Marilyn H. Vukota , for the plaintiff.

Present: MILKEY, SULLIVAN, & DITKOFF, JJ.

In this case, decided on summary judgment, a church seeks to sell real estate restricted to church use by a bequest. Our resolution of this appeal requires us to consider the interplay between the terms of a testamentary gift of real property to a charitable entity, the applicable rule...

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