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AGRICULTURAL NATIONAL BANK v. SCHWARTZ

325 Mass. 443 (1950)

91 N.E.2d 195

AGRICULTURAL NATIONAL BANK OF PITTSFIELD & others, trustees, vs. MINNIE SCHWARTZ & others.

Supreme Judicial Court of Massachusetts, Berkshire.

March 8, 1950.

Attorney(s) appearing for the Case

J.M. Rosenthal, stated the case.

F.M. Myers, for the respondents Benedict R. Harrow and others.

H. Serper of New York, (J.A. Bowes with him,) for the respondent Minnie Schwartz.

B.R. Wolf of New York, for the respondents Anna L. Goldstein and others.

L.S. Cain, (A.W. Chesney, R.A. Lewis & R.T. Capeless with him,) for the respondents Bertha Culker and others.

M. Harawitz of New York, for the respondents Milton Harawitz and another.

J.I. Donna, J.J. Donna & C.E. Donna, for the respondent Molly H. Wilson, submitted a brief.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & COUNIHAN, JJ.

RONAN, J.

This is a petition filed by the trustees under the will of Harry Blank seeking instructions respecting to whom and in what proportions the principal and undistributed income of a trust created by his will should be paid.

The testator, whose wife, Eva Blank, predeceased him, died November 7, 1938, leaving no issue. He had four sisters and two brothers and his wife had five sisters and five brothers, and all of these sixteen except Minnie Schwartz...

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