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PEAKES v. BLAKELY

333 Mass. 281 (1955)

130 N.E.2d 564

JOHN E. PEAKES & another, trustees, vs. BERTHA E. BLAKELY & others.

Supreme Judicial Court of Massachusetts, Norfolk.

December 1, 1955.

Attorney(s) appearing for the Case

Charles C. Craig, for the respondents Gertrude P. Blakely and others.

John E. Peakes, (Harold T. Davis & Henry B. Coleman with him,) for the petitioners.

Hugh Morton, Assistant Attorney General, for the Attorney General.

Daniel G. Rollins, for the town of Brookline.

Elliott V. Grabill, (Claude L. Allen & Eugene P. Carver, Jr., with him,) for Beth-Horon Lodge, Ancient Free and Accepted Masons.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.

WILKINS, J.

D. Blakely Hoar, late of Brookline, died on March 8, 1923, and his will was allowed by decree of the Probate Court, Norfolk County, on May 16, 1923. The trustees under his will bring this petition for a binding declaration as to the validity of bequests in paragraphs 15 and 16 in trust to the town of Brookline, or its school committee, or its library trustees, and to Beth-Horon Lodge, Ancient Free and Accepted Masons, an unincorporated particular lodge...

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