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FAY v. FAY

334 Mass. 311 (1956)

135 N.E.2d 306

S. PRESCOTT FAY & another, trustees, vs. SAMUEL PRESCOTT FAY & others.

Supreme Judicial Court of Massachusetts, Barnstable.

June 13, 1956.

Attorney(s) appearing for the Case

Alfred Gardner, stated the case.

Melville F. Weston, for Johanna Fay Davis and others.

Carl J. Marold, for executors of the will of William Rodman Fay.

Frederick H. Free, Jr., (John W. Huse with him,) for executrix of the will of Joseph S. Fay, 3d.

Robert W. Meserve, (Edward C. Mendler, Jr., with him,) for Hope Fay Neville and another.

Paul B. Sargent, for Samuel Prescott Fay and others.

George M. Poland, guardian ad litem, submitted a brief.

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

COUNIHAN, J.

This is an appeal from a decree of the Probate Court upon a petition for instructions by the trustees of a trust created under the will of Joseph S. Fay, Junior, as to the persons to whom part of the income of said trust should be distributed following the death on February 25, 1954, of William Rodman Fay, a son of Joseph S. Fay, Junior.

The appellants are Margaret W. Fay, executrix of the will of Joseph S. Fay, Third, a deceased son of Joseph...

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