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WELCH v. PHINNEY

337 Mass. 594 (1958)

150 N.E.2d 723

FRANCIS C. WELCH & another, trustees, vs. HANNAH E. PHINNEY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 19, 1958.

Attorney(s) appearing for the Case

H. Burton Powers, stated the case.

Paul B. Sargent, for the respondent Hannah E. Phinney.

Lawrence R. Cohen, (John H. Pearson & James R. DeGiacomo with him,) for the respondents Whitman Pearson and others.

Arthur L. Eno, Jr., (Francis F. O'Donnell with him,) for the respondent Caroline Pratt DeMallie.

William N. Swift, (Ralph S. Brown, Jr., with him,) for Joseph R. Watkins, guardian ad litem.

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

CUTTER, J.

This is a petition by the trustees under the will of Abby W. Pearson for instructions about the distribution which they should make under article Sixth upon the termination of the trust established by article Fourth by reason of the death of the last survivor of all the income beneficiaries named in that trust. Article Sixth reads in part, "And ... upon the decease of ... [here the income beneficiaries were described] then to ... pay over ... the principal...

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