WILLCUTT v. PRESCOTT


340 Mass. 532 (1960)

165 N.E.2d 104

PRISCILLA WILLCUTT & another vs. OLIVER PRESCOTT, JUNIOR, trustee, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 10, 1960.


Attorney(s) appearing for the Case

Arthur M. Beale, for the plaintiffs.

Claude R. Branch, (Oliver Prescott, Jr., with him,) for Prescott, trustee, and others.

Leo Sontag, Assistant Attorney General, for the Attorney General.

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


WHITTEMORE, J.

These are the plaintiffs' appeals from an order of the single justice sustaining demurrers and from the final decree dismissing the bill in equity for declaratory relief. The bill and attached copies of documents show that the plaintiffs are children of Charles D. Willcutt who died January 1, 1952. Charles was the nephew and one of the heirs of Mary D.B. Hooper who died testate on March 29, 1924. The plaintiffs ask declarations in respect of a compromise...

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