SWEENEY v. KENNARD


331 Mass. 542 (1954)

120 N.E.2d 910

ARTHUR SWEENEY, trustee, vs. MAUD H. KENNARD & others (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Essex.

July 1, 1954.


Attorney(s) appearing for the Case

Arthur Sweeney, stated the cases.

John C. Twomey, for Maud H. Kennard and others.

Arthur A. Thomson, (Ralph D. Weston with him,) for Hill, administrator, and another.

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


WILKINS, J.

Two petitions by the trustee under the will of John H. Horne, late of Lawrence, seek instructions as to whom and in what amounts he should distribute principal under the third clause of the will, which was proved in the Probate Court, Essex County, in 1904. The material portions of the third clause are: "To my son George A. Horne I give and bequeath my homestead ... together with all the household furniture ... to be used and enjoyed by him during his...

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