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BOSTON SAFE DEPOSIT & TRUST CO. v. NORTHEY

335 Mass. 201 (1956)

138 N.E.2d 613

BOSTON SAFE DEPOSIT AND TRUST COMPANY, trustee, vs. JANE P. NORTHEY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 12, 1956.

Attorney(s) appearing for the Case

Joseph R. Watkins, stated the case.

Paul B. Sargent, for Jane P. Northey and others.

Rhodes G. Lockwood, (Franklin Dexter with him,) for Naumkeag Trust Company, executor.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

Edward A. Northey, the testator, died November 17, 1942, leaving a will pursuant to which Boston Safe Deposit and Trust Company was appointed trustee. By article Fourth of the will the residue of the estate was left to the trustee in trust "to dispose of the principal and income ... as follows: — (a) To pay to Caroline T. Peabody ... the income therefrom up to but not exceeding the sum of Twenty-five Hundred...

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