THORNDIKE v. DEXTER


340 Mass. 387 (1960)

164 N.E.2d 338

RICHARD K. THORNDIKE & another, trustees, vs. FRANKLIN DEXTER & another, executors, & others.

Supreme Judicial Court of Massachusetts, Essex.

February 11, 1960.


Attorney(s) appearing for the Case

Norman Landstrom, stated the case.

Francis S. Moulton, Jr., for Richard K. Thorndike, 3d, (Philip J. Durkin, guardian ad litem, with him).

Richard Wait, (Rhodes G. Lockwood with him,) for Franklin Dexter and another, executors.

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


WHITTEMORE, J.

The trustees under the will of Neal Rantoul who died August 26, 1956, and whose will was admitted to probate September 17, 1956, sought instructions as to the disposition of one half of the income available for distribution under the residuary trust. The probate judge who heard the petition on the pleadings, will and codicil and certain agreed facts, entered a decree on May 7, 1959, which provided that the...

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