State v. Federal Square Corp.

The fundamental proposition upon which the claimants base their whole argument is stated in their brief as follows: “The deed of October 18, 1888, established a charitable trust for the benefit of the inhabitants of the City of Concord, with a resulting trust upon its termination in favor of the grantors and their representatives.” The claimants concede that unless some such trust relationship is found to exist “they would admittedly be entitled to receive no damages.”

That the deed established a public charity may not be doubted. Cities and towns may hold property in trust for public purposes…