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STACKPOLE v. BREWSTER FREE ACADEMY

355 Mass. 774 (1969)

247 N.E.2d 599

FRED A. STACKPOLE & others, trustees, vs. BREWSTER FREE ACADEMY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 2, 1969.

Attorney(s) appearing for the Case

Ralph F. Mazza for Town of Wolfeborough & another.

Carlton W. Spencer (Nancy W. Spencer with him) for Fred A. Stackpole & others, trustees.

James J. Kelleher, Assistant Attorney General, for the Attorney General.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

WILKINS, C.J.

The trustees under the will of John Brewster, late of Cambridge, appointed by the Probate Court for Middlesex County, bring this petition for instructions against Brewster Free Academy (academy) of Wolfeborough, New Hampshire, the Director of Charitable Trusts for the State of New Hampshire (director), and the Attorney General of this Commonwealth. The petition seeks authority to administer cy pres trust funds under the will. The Attorney General, the...

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