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STRYKER v. KENNARD

339 Mass. 373 (1959)

159 N.E.2d 71

JAMES H. STRYKER, trustee, vs. HENRY PERKINS KENNARD & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 1959.

Attorney(s) appearing for the Case

Bradbury Gilbert, stated the case.

Guy Newhall, for Henry P. Kennard.

John E. Rogerson, (Ernest G. Angevine with him,) for Margaret Coppin Kennard.

A. Leavitt Taylor, (Amos L. Taylor & Lambert H. Bigelow with him,) for Edith B. Clinton and others.

William J. O'Neill, guardian ad litem, pro se.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.

SPALDING, J.

James H. Stryker, successor trustee under a declaration of trust executed by Isabella H. Adams, brought this petition for instructions in the Probate Court for Middlesex County.

The trust instrument, which is dated April 25, 1912, declares that Isabella H. Adams transferred certain shares of stock to herself and Julius B.B. Stryker in trust to pay the income to Waldo Kennard for life. On Waldo's death the income was to be paid "... to his wife...

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