Meserve v. Jordan Marsh Co.

Arthur J.

Martin, for Craig and others, submitted a brief. Cutter, J. In 1951, the Dowling Block, “a 100% location” in the business section of Malden, was owned by Jewell A. Dowling, except for a portion (Lot A) owned by Dowling as trustee of a trust under his father’s will. On June 14, 1951, when Dowling was nearly seventy-five, he executed as trustee and individually a lease to F. N. Joslin Company (Joslin) of the whole block for a term of fifty years at an annual net rental of $35,000. The lessee could terminate the lease unless by July 1, 1952, a Probate Court decree should establish…