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WARING v. LORING

399 Mass. 419 (1987)

504 N.E.2d 644

LLOYD B. WARING & another, trustees, vs. AUGUSTUS P. LORING & another, trustees, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 12, 1987.

Attorney(s) appearing for the Case

William F. Kehoe for Lloyd B. Waring & another, trustees.

John A.D. Gilmore (Jeanne M. Kempthorne with him) for Augustus P. Loring, trustee.

Richard J. Innis (Leila R. Kern with him) for Lloyd B. Waring, executor.

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

The trustees under the will of Frank E. Peabody commenced this action on July 2, 1985, by filing a complaint for instructions in the Probate Court in Suffolk County in which they sought instructions as to the distribution of the remainder of their trust, the testamentary provision for disposition of the trust remainder contained in the will of Frank Peabody having failed.

On August 20, 1985, Lloyd B. Waring...

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