OLD COLONY TRUST CO. v. ATTORNEY GENERAL OF THE U.S.


326 Mass. 532 (1950)

95 N.E.2d 649

OLD COLONY TRUST COMPANY, trustee, vs. ATTORNEY GENERAL OF THE UNITED STATES & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 4, 1950.


Attorney(s) appearing for the Case

L.H. Weinstein, stated the case.

J. Laufer of the District of Columbia, (C.J. Kalinauskas, Assistant United States Attorney, with him,) for the Attorney General of the United States.

A.W. DiCecca, for the respondent William Flentje.

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


WILKINS, J.

This petition for distribution by the trustee under the will of Ernst Flentje, late of Cambridge, involves an interpretation of part of paragraph Thirteenth (1) of the will disposing of certain property as follows: "One sixth in equal shares, share and share alike, to the children of my late sister, Doretta Wode, surviving at the time this distribution shall be made." At the time of the execution of the will the testator knew that Doretta Wode was deceased...

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