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OLD COLONY TRUST CO. v. KENNARD

333 Mass. 720 (1956)

132 N.E.2d 738

OLD COLONY TRUST COMPANY, executor, vs. WILLIAM CALVIN KENNARD & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 13, 1956.

Attorney(s) appearing for the Case

L. Roger Wentworth, stated the case.

Roger W. Hardy, for William Calvin Kennard and others.

John B. Dolan, for New England Peabody Home for Crippled Children, (Roy M. Robinson, for Perkins Institution and Massachusetts School for the Blind, with him).

Present: QUA, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.

WHITTEMORE, J.

This is an appeal by three nephews of Agnes F. Thurston, testatrix, who as legatees under her will are adversely affected by a decree of the Probate Court for Middlesex County construing the will.

The principal question is whether certain pecuniary legacies in stated amounts to the appellants and two other relatives are to be paid before dividing over to two charities "one half of the cash and securities...

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