LORING v. CLAPP


337 Mass. 53 (1958)

147 N.E.2d 836

AUGUSTUS P. LORING & another, trustees, vs. MARY L. CLAPP & others (and two companion cases).

Supreme Judicial Court of Massachusetts, Norfolk.

February 19, 1958.


Attorney(s) appearing for the Case

Roy M. Robinson, stated the case.

John E. Rogerson, (William N. Swift with him,) for Cotter, administrator.

Richard J. Cotter, Jr., for Cotter and another, trustees.

Calvin P. Bartlett, (Samuel P. Newbury with him,) for Augustus Gardner Means and others.

Richard Wait, (Franklin Dexter with him,) for Augustus P. Loring and others.

Russell J. Coffin, Dudley A. Weiss, & James H. Brock, for Mary L. Clapp, submitted a brief.

Charles C. Cabot & John M. Woolsey, Jr., for St. Paul's School, submitted a brief.

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


CUTTER, J.

These cases deal with three petitions for instructions, brought respectively by the trustees under the will of Francis Skinner, by the trustees under Skinner's indenture of November 24, 1911 (hereinafter called the 1911 trust), and by the trustees under Skinner's earlier indenture of March 20, 1899 (hereinafter called the 1899 trust). Skinner died on May 7, 1914, leaving a widow, Sarah E. Skinner (who later married one Shea and is hereinafter referred to...

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