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FRANKLIN FOUNDATION v. ATTORNEY GENERAL

340 Mass. 197 (1960)

163 N.E.2d 662

THE FRANKLIN FOUNDATION vs. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 5, 1960.

Attorney(s) appearing for the Case

William H. Kerr, stated the case.

Noel Morss, (Edward W. Raye with him,) for the plaintiff.

Richard H. Gens, Assistant Attorney General, for the Attorney General.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

WILKINS, C.J.

This bill in equity is described in the briefs as brought "to implement St. 1958, c. 596," which is entitled, "An Act providing for the payment to The Franklin Foundation for the benefit of the Franklin Technical Institute of the trust fund bequeathed by Benjamin Franklin to the inhabitants of the town of Boston." The defendants are the Attorney General, the Commonwealth, and the city of Boston "as it is trustee of a fund commonly known as the Franklin...

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