NEW ENGLAND TRUST CO. v. SANGER


337 Mass. 342 (1958)

149 N.E.2d 598

THE NEW ENGLAND TRUST COMPANY, trustee, vs. SABIN P. SANGER, SECOND, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

April 11, 1958.


Attorney(s) appearing for the Case

Theodore Chase, stated the case.

Laurence M. Channing, (Owen Tudor with him,) for Channing and another, executors.

Frank G. Allen, Jr., (Henry W. Keyes with him,) for The New England Trust Company and others, guardians.

Francis S. Moulton, Jr., for Sabin P. Sanger, Second, and another.

Vincent V.R. Booth, guardian ad litem, pro se.

Present: RONAN, SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


SPALDING, J.

These are appeals from a decree of the Probate Couzt entered on a petition for instructions. The petition was brought by The New England Trust Company, as trustee under an indenture of trust of Sabin P. Sanger, dated February 18, 1913 (hereinafter called the 1913 indenture), and as trustee under a declaration of trust of Sabin P. Sanger, dated April 29, 1930 (hereinafter called the 1930 declaration). The trustee...

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