Darcey v. Cass

Heard on demurrer to bill in equity.

The complaint has annexed thereto a declaration of trust which names respondents trustees (one trustee died and another person was elected in his place), for certain subscribers and shareholders, including the complainants, to buy and sell land and generally engage in a real estate business, — the instrument being in the nature of a so-called “Massachusetts Trust,” which came into being as a substitute for the more usual corporate form of business association.

The complaint alleges that the agreement is not a true trust but a partnership, and prays for a…