PHELPS v. STATE STREET TRUST CO.


330 Mass. 511 (1953)

115 N.E.2d 382

THEODORE N. PHELPS & others vs. STATE STREET TRUST COMPANY, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1953.


Attorney(s) appearing for the Case

George A. Goldstein, for the respondents Norman P. Phelps and another.

Ely H. Chayet & Andrew G. Geishecker, for the petitioners.

Richard S. Bowers, guardian ad litem, pro se.

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


LUMMUS, J.

Jessie Allen Phelps, on January 16, 1942, established a trust fund to be held by trustees, of whom the respondent State Street Trust Company is now the sole remaining trustee. The petitioners are all the beneficiaries under that trust, with the exceptions of Norman P. Phelps, the husband, and Helen Phelps Olmstead, the daughter, of the settlor, who are respondents. The twelfth paragraph of the trust instrument...

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