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MAHER v. KEZER

340 Mass. 263 (1960)

163 N.E.2d 298

THOMAS F. MAHER, trustee, vs. AGNES S. KEZER & others.

Supreme Judicial Court of Massachusetts, Essex.

January 11, 1960.

Attorney(s) appearing for the Case

Thomas F. Maher, stated the case.

Philip M. Cronin, for the respondent Ipswich Hospital Corporation.

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

COUNIHAN, J.

The controversy in this suit arises out of a petition for instructions in the Probate Court for Essex County by the succeeding trustee under the will of Wilfred P. Adams. The respondents were Agnes S. Kezer, the Ipswich Hospital Corporation, and the Attorney General of the Commonwealth.

The petitioner sought instructions on the question whether "the trustee under the will of ... Wilfred P. Adams [is] empowered to invade the principal derived from...

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