KEITH v. WORCESTER COUNTY TRUST CO.


338 Mass. 41 (1958)

153 N.E.2d 630

MILDRED PARK KEITH vs. WORCESTER COUNTY TRUST COMPANY & another, executors & trustees, & others.

Supreme Judicial Court of Massachusetts, Worcester.

November 4, 1958.


Attorney(s) appearing for the Case

George M. Poland, for the petitioner.

Thomas R. Mountain, for the respondents Worcester County Trust Company and another, executors and trustees.

Joseph Talamo, for the respondents Luke Thomas Keith and others.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The appealing petitioner asked a declaratory decree to construe a provision in her husband's will which authorized trustees thereunder to make payments to her from the principal of a residuary trust. The language to be construed is italicized in the following quotation:

"To pay the net income therefrom semi-annually or oftener in the discretion of my said trustees to or for the use, benefit, comfort, support, and enjoyment of my wife, Mildred...

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