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DE FORD v. COLEMAN

348 Mass. 299 (1965)

203 N.E.2d 686

WILLIAM De FORD, trustee, vs. LORING W. COLEMAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 1965.

Attorney(s) appearing for the Case

Marion R. Fremont-Smith stated the case.

John E. Rogerson (Ronald Garmey with him) for Loring W. Coleman.

Norman Burwen for Jonathan R. Snelling & others.

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

CUTTER, J.

The testator died in 1912, survived by his widow (who died in 1923), a daughter, Mrs. Fessenden (died 1962), and two stepdaughters (Mrs. Whitehouse, died 1930, and Mrs. Parker, died 1942). He gave the residue of his estate to trustees to hold five-sevenths of the principal for Mrs. Fessenden and one-seventh for each of his step-daughters (to whom he referred as daughters). Subject to the payment of one-third of...

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