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SECOND BANK-STATE STREET TRUST CO. v. WESTON

342 Mass. 630 (1961)

174 N.E.2d 763

SECOND BANK-STATE STREET TRUST COMPANY, TRUSTEE, vs. LEONARD P. WESTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 1961.

Attorney(s) appearing for the Case

Robert B. Hearne, stated the case.

Asa E. Phillips, Jr., for Leonard P. Weston.

Clarence A. Barnes, for Arthur H. Weston, Jr., and others.

Augustus W. Soule, Jr., (John T. Noonan, Jr., with him,) for Elsie Hopkins Yarnell and others.

Elliott V. Grabill, (Douglas L. Ley & Samuel A. Wilkinson with him,) for Charles C. Wallace, executor.

Bernard I. Kaplan & Sumner Z. Kaplan, for Adrian Holmes Onderdonk, Jr., and others, submitted a brief.

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

CUTTER, J.

Maria E. Vinton (the testatrix), the widow of an inhabitant of Massachusetts, died June 11, 1911, having her domicil in Maryland. Her will, made in 1892 when she was already a widow, described her as of Baltimore. A codicil dated April 28, 1911, is not significant in this case. Her will was allowed in Maryland on July 12, 1911, and ancillary letters were issued in Massachusetts.

By art. Third of her will,2 the testatrix...

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