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HARVARD TRUST CO. v. ATTORNEY GEN. OF THE UNITED STATES

329 Mass. 79 (1952)

106 N.E.2d 269

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

Supreme Judicial Court of Massachusetts, Middlesex.

May 29, 1952.

Attorney(s) appearing for the Case

Waldo Noyes, stated the case.

George B. Searls of the District of Columbia, (Charles K. Kalinauskas, Assistant United States Attorney, with him,) for the Attorney General of the United States.

William A. Kaufmann of New Jersey, for Halenbeck and others, submitted a brief.

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

SPALDING, J.

The appeals in this case arise from a petition for distribution brought by the trustee under the will of Philipina B. Goepper.

The will of the testatrix, an American citizen of German extraction, was executed on April 21, 1933, and was allowed by the Probate Court for Middlesex County on October 18, 1933. Having bequeathed three fifths of the residue of her estate to three married nieces, the testatrix disposed of the remaining two fifths, the...

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