MOORE v. CANNON


347 Mass. 594 (1964)

199 N.E.2d 312

PAUL F. MOORE & another, trustees, vs. LOUISE H. CANNON & others.

Supreme Judicial Court of Massachusetts, Hampden.

June 5, 1964.


Attorney(s) appearing for the Case

Edwin H. Lyman, Jr., for the petitioners.

Frederick A. Stebbins for the respondents Honoria P. Moore & another.

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


CUTTER, J.

The trustees under par. Fourth of the will of Frank L. Moore (the testator) seek declaratory relief concerning the distribution of the trust corpus upon the death (on July 2, 1961) of Mabel B. Moore, the testator's widow. The case was presented upon the pleadings and a statement of agreed facts. The probate judge has reported the case to this court without decision.

The testator, at a time when his domicil was in New York, executed his will on January...

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