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OLD COLONY TRUST CO. v. TUFTS

341 Mass. 280 (1960)

168 N.E.2d 86

OLD COLONY TRUST COMPANY, trustee, vs. NATHAN TUFTS & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 30, 1960.

Attorney(s) appearing for the Case

James E. Carroll, stated the case.

Joseph T. Bartlett, for Nathan Tufts and others.

Paul B. Sargent, for Bertha F. Kidder and others.

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

CUTTER, J.

This is an appeal from a decree of the Probate Court upon a petition by the trustee under the will of Dr. Edward C. Booth for instructions concerning the distribution of a trust fund. The matter was presented in the Probate Court upon the pleadings, Booth's will, certain testimony, and statements of counsel, all of which are reported.

Booth died in 1925. In his will, he provided that the residue of his...

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