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SEARS v. COOLIDGE

329 Mass. 340 (1952)

108 N.E.2d 563

ELEANORA R. SEARS vs. WILLIAM A. COOLIDGE & others, trustees, & others (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

October 31, 1952.

Attorney(s) appearing for the Case

George A. Hopkins of New York & Austin Broadhurst, (Edward Norwalk of New York, Joseph B. Ely & Norman T. Byrnes with them,) for Eleonora R. Sears.

Warren F. Farr, (Oscar M. Shaw with him,) for William A. Coolidge and others, trustees; Melville F. Weston, (Richard F. Barrett with him,) for Mary N. Morgan and others; Roy M. Robinson, for T. Jefferson Newbold and others, & Phillips Ketchum, for Francis L. Higginson and others, with them.

Richard H. Wiswall, (Charles Y. Wadsworth & Gerald T. O'Hara with him,) for Fiduciary Trust Company, administrator of the estate of Frederick R. Sears.

Alfred P. Lowell, (Francis S. Moulton with him,) for Charles F. Adams and others, trustees.

W. Warner Lang, for Ellen Clarke, submitted a brief.

Robert S. Sylvester & John L. Symonds, for Fiduciary Trust Company, administrator of the estate of Norma Sears, and others, submitted a brief.

John E. Rogerson & William N. Swift, for Alexander Wheeler, special administrator, submitted a brief.

John H. O'Neil, guardian ad litem, submitted a brief.

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

WILKINS, J.

These two petitions under G.L. (Ter. Ed.) c. 231A seek binding declarations as to the validity of the provisions relating to income and to gifts of principal by way of remainder in a deed of trust executed by Thomas Jefferson Coolidge, late of Manchester, under date of February 12, 1913. The settlor died on November 17, 1920. In each case a decree was entered declaring that the life interests are valid; but that the gifts over of principal are invalid...

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