Arboretum Trust Case Nears Verdict in Court

A breach of trust suit brought against the Corporation by the Friends of the Arnold Arboretum is about to be decided in the state Supreme Court.

The Friends, an organization of about 1,200 members, have accused the University of exceeding its power as sole trustee of the Arboretum by moving in 1953 most of the institution's library, thousands of dried plant specimens valued at $5 million and several members of the staff from Jamaica Plain to the University Herbarium.

Massachusetts law, which forbids suing a trustee except through the attorney general, had made it impossible for the Friends to bring suit against the Corporation until now because George Fingold, attorney general until 1958, had refused to press the case. However, Edward J. McCormack, Fingold's successor, agreed last year to bring the case to court in his name.

Last Tuesday, Warren Farr '27, counsel for the Corporation, filed a motion with the attorney general to strike several sections from the information submitted by the petitioners.

These sections contained either past history or financial records which were "irrelevant to the case," Farr maintained, or they were argumentative and therefore should not be submitted as unbiased information.

In a final attempt to avoid actual trial, the Corporation also filed a statement that claims the information submitted by the Friends, whether accepted in full or in part, represents insufficient grounds for suit.

Robert G. Dodge, attorney for the Arboretum, countered, however, that the University had directly violated the trust by ignoring its stipulation that all activities connected with the Arboretum be carried on in Jamaica Plain.

Supreme Court Justice John V. Spaulding gave the counsel for the Arboretum ten days to file a brief and continued the case until that time.