SECOND BANK-STATE ST. TRUST v. YALE UNIV ALUMNI FUND


338 Mass. 520 (1959)

156 N.E.2d 57

SECOND BANK-STATE STREET TRUST COMPANY, trustee, vs. YALE UNIVERSITY ALUMNI FUND & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1959.


Attorney(s) appearing for the Case

Charles Y. Wadsworth, stated the case.

Richard Wait, for the respondent Yale University Alumni Fund.

Hervey W. King, (Victor H. Kazanjian with him,) for the respondent Second Bank-State Street Trust Company, executor and trustee.

John T. Noonan, Jr., (Alex J. McFarland with him,) for the respondent Massachusetts Memorial Hospitals.

Vincent P. Clarke & George S. Parker, for the respondent Morgan Memorial, Inc., submitted a brief.

John A. Perkins, for the respondent The Salvation Army of Massachusetts, Incorporated, submitted a brief.

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


WILLIAMS, J.

The bank, as trustee under an indenture of trust, executed on December 31, 1934, with Henry C. Nutt, asks instructions as to whom and in what proportions the trust fund is payable. The indenture provided that the trustee should pay the income to the settlor for life and upon his death to his brother Frank A. Nutt for his life. Upon the latter's death the balance was to be paid to Yale University Alumni Fund.

Pertinent provisions of the indenture...

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