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McGILVERY v. McGILVERY

123 A.2d 777 (1956)

Carroll I. McGILVERY, in equity v. Mildred A. McGILVERY et al.

Supreme Judicial Court of Maine.

June 2, 1956.

Attorney(s) appearing for the Case

Skelton & Mahon, Lewiston, for plaintiff.

John A. Platz, Lewiston, Frank W. Linnell, Paul A. Choate, Auburn, for defendants.

Before FELLOWS, C. J., WILLIAMSON, BELIVEAU and TAPLEY, JJ., and MURRAY, A. R. J.

WILLIAMSON, Justice.

On appeal. This is a bill in equity by a trustee for construction of a testamentary trust and for instructions. The problem is whether profits from a business conducted by the testator and continued by the trustee should be distributed as income or added to the capital of the trust.

In our view from a close study of the record the decree appealed from was not a final decree, and hence the appeal...

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