DOGGETT v. NEW ENGLAND TRUST CO.


327 Mass. 167 (1951)

97 N.E.2d 401

SAMUEL DAYTON DOGGETT, trustee, vs. THE NEW ENGLAND TRUST COMPANY & another, executors, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

March 7, 1951.


Attorney(s) appearing for the Case

P.B. Sargent, for the respondents The New England Trust Company and another, executors.

W.T. Conlan, for the respondent Doggett, executor.

J.W. Huse & F.H. Free, Jr., for the respondent Morrill.

J.H. Elcock, Jr., guardian ad litem, pro se.

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


WILKINS, J.

The trustee under the will of Stephen H. Williams petitions for instructions as to the distribution to be made under the residuary clause. This gave the residue in trust to pay the net income to the testator's wife, Ella A. Williams, for life; "and upon her decease, if she shall leave any children or issue by me surviving her, I direct that the trust herein created shall be continued and the said net income be paid to such children in equal shares, the...

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