Day v. Crowley

The appeal of the petitioner (Day) is from decrees of the probate judge, sitting in equity, which allowed a plea in bar of the respondents Crowley and Martin (the respondents) and dismissed the petition. The petition set out a deed of trust by Ada Langley Briggs to herself and the respondents as trustees for the benefit of Day and others as discretionary beneficiaries. The other beneficiaries were made parties. The petition sought (a) to set aside a writing (hereinafter called release and waiver) in which for consideration of the payment to Day of a legacy of $2,000 under the will of Briggs…