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KIRCHICK v. GUERRY

429 Mass. 215 (1999)

WILLIAM D. KIRCHICK, trustee, v. M. LINDSAY GUERRY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 10, 1999.

Attorney(s) appearing for the Case

Peter F. Zupcofska & William D. Kirchick (Judith G. Edington with them) for the plaintiff.

Mary H. Schmidt, guardian ad litem.

Jonathan S. Cohen, of the District of Columbia, for the United States, amicus curiae.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

The trustee of an inter vivos trust brought a complaint for instructions under G. L. c. 215, § 6, in the Probate and Family Court as to whether a testamentary power of appointment held, but not exercised, by Rachel Matthews was created in 1931, when the trust was originally created, or at a later date when certain revisions were made to the trust. The defendants are the beneficiaries of the trust.3 On the joint request...

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