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ROGERS v. ATTORNEY GENERAL

347 Mass. 126 (1964)

196 N.E.2d 855

CAROLINE S. ROGERS & others, trustees, vs. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Essex.

March 4, 1964.

Attorney(s) appearing for the Case

H. Burton Powers stated the case.

H. Erik Lund (Brooks Potter with him) for Gardner Sutton & another, executors.

Henry D. Winslow (Frederick H. Free, Jr., with him) for Merchants National Bank of New Bedford & another, administrators.

William B. Welch for Naumkeag Trust Company, trustee.

James J. Kelleher, Assistant Attorney General, for the Attorney General.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

KIRK, J.

This is a petition for instructions brought in the Probate Court by the trustees under the will of Catherine Johnson (Catherine) against the Attorney General, the representatives of the residuary legatees under Catherine's will, and the executor and trustee under the will of Sarah L. Phelps (Sarah). The facts now to be stated are derived from facts admitted in the pleadings and from a statement of agreed facts, indorsed by the judge as findings of fact, which...

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