FERGUSON v. MASS. SOC FOR PREVENTION OF CRUELTY


3 Mass. App. Ct. 693 (1975)

339 N.E.2d 209

CARL B. FERGUSON, trustee, vs. MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN & others.

Appeals Court of Massachusetts, Norfolk.

December 31, 1975.


Attorney(s) appearing for the Case

Paul J. Burns, administrator, pro se.

Albert M. Fortier, Jr. (R. Robert Woodburn, Jr., with him) for New England Hospital.

William B. Trafford for Massachusetts Society for the Prevention of Cruelty to Children & others (Patience T. Huntwork, for Animal Rescue League of Boston, with him).

Present: HALE, C.J., KEVILLE, & GOODMAN, JJ.


KEVILLE, J.

This is a petition for instructions brought by the trustee under the will of Albertina von Arnim, late of Brookline, Massachusetts, who died in 1936 leaving a first cousin, now deceased, as her next of kin. The will is divided into three sections, disposing respectively of her own property, appointive property under her mother's will and appointive property under the will of her father. Each section of the will contains a residuary clause — clauses...

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