Mee v. Fay

This is an action of contract in which the plaintiff, duly appointed under R. L. c. 145, § 19, the guardian of Harold Fay and Lillian Fay, sues to recover as a part of his wards’ estate a fund in possession of the defendant, who in defence claims to hold it on a trust for their benefit. At a trial without a jury in the Superior Court this defence prevailed, and the case is before us on a report of the presiding judge.

The first embarrassment arises from want of proper parties plaintiff, but this difficulty is removed because the report states that if it becomes necessary the plaintiff may…