Trustees of Dartmouth College v. City of Quincy

This is a petition by Trustees of Dartmouth College, a corporation, for a declaratory decree as to the rights and obligations of the city of Quincy in its administration as trustee of a certain charitable trust. G. L. (Ter. Ed.) c. 231 A. It is not disputed that an actual controversy exists between the parties arising from the facts which are herein summarized.

One Ebenezer Woodward died in 1869. By the fifth clause of his will he devised certain parcels of real estate in Quincy and several of his church pews to the town of Quincy “as a Fund ... to be disposed of or kept as the town may think…