Boy Scouts of America v. Monadnock Trust, Inc.

This is an action under the provisions of G.L.c. 231A by which the plaintiffs seek a judgment which declares their rights, under principles of cy pres, to require a transfer from the defendants of two charitable trust funds, known as the Stone Camp Fund and the Gates Fund. The defendants, with the exception of the Attorney General, deny that the plaintiffs have standing, and, if they do, that the operation of cy pres does not require any transfer of control from them.

The case came on for trial before me sitting without a jury on July 21-23, 1998. Upon consideration of the credible evidence…