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OLD COLONY TRUST v. NEW ENGLAND MERCHANTS NAT. BK.

349 Mass. 303 (1965)

207 N.E.2d 899

OLD COLONY TRUST COMPANY, trustee, vs. NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON, executor, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 8, 1965.

Attorney(s) appearing for the Case

Richard D. Leggat stated the case.

Frank B. Wallis (George F. Bernardin with him) for New England Merchants National Bank of Boston, executor.

Alfred W. Fuller (Joan D. Cottle with him) for Edna S. Longden.

Reuben Goodman for Newton National Bank, administrator (Thomas S. Chittenden, for Lida M. Savory, with him).

Daniel B. Bickford for Charles W. Bartlett, executor.

Robert W. Meserve (Nathan Newbury, III, with him) for Lola P. Buckley & others.

Walter G. Van Dorn (Roger B. Tyler with him) for Alice Wedger Bond & others.

Thomas H. Dowd, Jr. (Marcus Morton with him) for Minerva C. Kelly & others.

Jay E. Orlin (Marvin Sparrow with him) for E. Jackson Whitman.

Arthur B. Shepherd of North Carolina, for Otto Bemisderfer, Richard W. Mirick for Worcester County National Bank, administrator, and Richard W. Dearborn for Bessie A. Williams, joined in briefs.

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

CUTTER, J.

The trustee under the will of Louis S. Ross (the testator) seeks instructions concerning the final distribution of the trust fund created under art. Second of the will. Several respondents have appealed from a decree of the Probate Court, later described.

The testator died in 1927, leaving a will dated November 26, 1926, and a codicil dated November 27, 1926. By art. Second (a), the testator left all his...

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