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NEW ENGLAND TRUST CO. v. WATSON

330 Mass. 265 (1953)

112 N.E.2d 799

THE NEW ENGLAND TRUST COMPANY, trustee, vs. ELEANORA S. WATSON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 1, 1953.

Attorney(s) appearing for the Case

Alfred Gardner, stated the case.

Dunbar Holmes, (Richard H. Wiswall with him,) for Eleanora S. Watson & others.

Hervey W. King, for Beatrice I. Nicolls and another.

Bailey Aldrich, (Franklin Dexter with him,) for The New England Trust Company and others, executors.

William Minot, for State Street Trust Company and another, trustees.

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

WILKINS, J.

This is a petition for instructions by the trustee under the will of George S. Winslow, who died on October 9, 1880, leaving a widow and four unmarried children. The principal question is who are the distributees upon the termination of a residuary trust. The language for interpretation is: "Upon the death of the last survivor of my wife and children, I direct my trustees to pay over and distribute that portion...

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