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SIBLEY v. LIVERMORE

332 Mass. 730 (1955)

128 N.E.2d 329

J. OTIS SIBLEY, trustee, vs. JESSIE LIVERMORE & others.

Supreme Judicial Court of Massachusetts, Worcester.

June 28, 1955.

Attorney(s) appearing for the Case

Irene Gowetz, stated the case.

Frank W. Grinnell, for Massachusetts Historical Society.

Richard W. Mirick, for Willard A. Saunders.

Alfred N. Whiting, for Amy Place Knight Bruchette and another.

James S. Gratton, for J. Otis Sibley, trustee.

Laurence H. Lougee, for Nathaniel Draper Whitin Allen and others.

Peter I. Lawton, for John Telford Elliott, administrator, submitted a brief.

Rhodes G. Lockwood, for Episcopal City Mission and others, submitted a brief.

Harold T. Davis & Henry B. Coleman, for Museum of Fine Arts, submitted a brief.

David G. Colt, for Elizabeth Howard Blake and others, submitted a brief.

George R. Stobbs & Francis H. George, for New England Conservatory of Music, submitted a brief.

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

WILLIAMS, J.

This is a petition by the surviving trustee of a testamentary trust, established under clause 211 of the will of Albert H. Whitin, late of Northbridge, for instructions as to the disposition of the trust fund. The testator, who died on March 6, 1935, left a will containing two hundred twenty-one numbered divisions, described therein as "clauses." There were four codicils. The first codicil contained sixty clauses in modification or substitution of clauses...

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