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SMITH v. WHEELER

326 Mass. 223 (1950)

93 N.E.2d 544

ALICE E. SMITH vs. SUMNER Y. WHEELER, executor, & others.

Supreme Judicial Court of Massachusetts, Essex.

July 5, 1950.

Attorney(s) appearing for the Case

J.W. Santry, Jr., & D. Santry, for the petitioner.

C.R. Clark, for the respondents.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

WILLIAMS, J.

This is a petition under the provisions of G.L. (Ter. Ed.) c. 231A, as inserted by St. 1945, c. 582, § 1, by one Alice E. Smith for a declaratory decree as to the "correct interpretation" of the following paragraph in the will of James H. Eaton, late of Rockport, dated June 18, 1937: "To Alice M.1 Smith and her two sons, Frank E. Smith and Leroy Smith, all of Ferncroft, West Gloucester,

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