NATIONAL SHAWMUT BANK v. CUMMING


325 Mass. 457 (1950)

91 N.E.2d 337

THE NATIONAL SHAWMUT BANK OF BOSTON, trustee, vs. CORA MANN CUMMING & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 8, 1950.


Attorney(s) appearing for the Case

G.J. Monti, (C.H. Amon, Jr. & C.K. Hurley with him,) for the defendant Cora Mann Cumming.

R.G. Dodge, (J.A. Perkins with him,) for the plaintiff.

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


WILKINS, J.

The plaintiff bank is the surviving trustee under a declaration of trust, dated August 25, 1944, in which the bank and the settlor, William Gray Cumming, of Barre, Vermont, were named as trustees. The settlor died on August 19, 1947. The defendants are the settlor's widow, Cora Mann Cumming, and the mother, brother, and three sisters of the settlor, and constitute all the surviving life beneficiaries under the trust instrument. This bill in equity seeks...

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