ESTHER ULLIAN vs. NATHAN ULLIAN.

ESTHER ULLIAN vs. NATHAN ULLIAN.

3 Mass. App. Ct. 729

April 2, 1975

The plaintiff's appeal from an interlocutory decree sustaining the defendant's plea in bar brings nothing before this court where, as here, the appeal taken by the plaintiff from the final decree dismissing her bill was not seasonable. G. L. c. 214, Section 19, as in effect prior to St. 1973, c. 1114, Section 62. See Radio Corp. of America v. Raytheon Mfg. Co. 300 Mass. 113 , 120 (1938); Fusaro v. Murray, 300 Mass. 229 , 231 (1938). It may be appropriate to add that were we to have dealt with the case on its merits, our conclusions would not have differed from those of the trial judge in sustaining the plea. As the plaintiff has conceded, if the allegations

Page 730

of her bill sound in contract, the judge was right in sustaining the plea. We would concur in the further conclusion, which we assume was reached by the judge, that certain allegations of the bill essential to the plaintiff's claim of a constructive trust in her favor are vague, conclusory and insufficient to support her claim. Compare Woodard v. Woodard, 216 Mass. 1 (1913). See Gabriel v. Borowy, 324 Mass. 231 , 237-238 (1949); Ranicar v. Goodwin, 326 Mass. 710 , 713 (1951); Bogert, Trusts & Trustees, Section 473, p. 30 (2d ed. 1960); Scott, Trusts, Section 468, pp. 3439-3440 (3d ed. 1967).

Appeals dismissed.