BRADWAY v. SHATTUCK


325 Mass. 168 (1950)

89 N.E.2d 753

CHARLES ALVIN BRADWAY, executor, vs. MAYO A. SHATTUCK & another, trustees, & others (and thirteen companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

January 3, 1950.


Attorney(s) appearing for the Case

W. Powers & M.A. Shattuck, (J.B. Dolan & J.F. Farr with them,) for the trustees under the will of Frank Wood.

G.J. Barry, Assistant Attorney General, (L.E. Ryan with him,) for the Attorney General.

A.S. Allen, for Frank W. Dunlap and another.

H.S. Davis, for Wellesley College.

F. Foster, for Tuskegee Institute and others.

S.H. Wellman, for American Board of Commissioners for Foreign Missions, and others.

V.P. Clarke, for Evangelistic Association of New England.

T.H. Russell, for Boston Young Men's Christian Association.

W.H. Hitchcock, for City Missionary Society, submitted a brief.

R.S. Bowers, for Bradway, executor.

Present: QUA, C.J., LUMMUS, RONAN, & WILKINS, JJ.


LUMMUS, J.

This case originated in a petition to the Probate Court to have the trust under the will of Frank Wood terminated and its assets distributed. Various claimants of the trust assets appeared. The facts are as follows.

Frank Wood died in Boston on March 27, 1914, leaving a widow Lillian Neale Wood and a nephew and a niece, Frank W. Dunlap and Eleanor Dunlap Lindsay. His will gave numerous bequests to individuals and charities. The parts of the will...

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