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SEAMANS v. PHIPPS

342 Mass. 28 (1961)

171 N.E.2d 846

PETER B. SEAMANS, trustee, vs. BENJAMIN K. PHIPPS & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1961.

Attorney(s) appearing for the Case

Peter B. Seamans, stated the case.

John Henderson Linsley, for Benjamin K. Phipps and another.

Charles F. Barrett, for W.B. West, executor.

Present: WILKINS, C.J., SPADING, WHITTEMORE, CUTTER, & KIRK, JJ.

WHITTEMORE, J.

The will of Benjamin Phipps in article Seventh left a fund in trust to pay the income to his daughter-in-law for her life, and on her death to pay the fund in three equal shares to or for the benefit of his three grandsons (sons of the life beneficiary), that is, one share to the trustees under a spendthrift trust to pay the income to grandson Maurice and also to pay the principal to Maurice at age thirty if in their uncontrolled judgment such "should...

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