OLD COLONY TRUST CO. v. CLEMONS


332 Mass. 535 (1955)

126 N.E.2d 193

OLD COLONY TRUST COMPANY, trustee, vs. MAY C. CLEMONS & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 22, 1955.


Attorney(s) appearing for the Case

Vernon Mason, stated the case.

Harold S. Davis, (Casimir de Rham, Jr., with him,) for Helen K. McCleece, executrix.

Ephraim Martin, for Donald C. Smith and others.

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


WILLIAMS, J.

This is a petition for instructions by Old Colony Trust Company, trustee under an indenture of trust executed by the donor, Alfred W. Smith, and by the said trustee on August 31, 1923. After reserving to himself in paragraph "Fourth" an unlimited right to revoke and cancel the deed of trust and to change the beneficiaries and their respective interests in the trust, the donor provided as follows: "Second: Upon my decease the Trustee, subject to changes...

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