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UNION CONGREGATIONAL SOCY. OF WEYMOUTH v. S. SHORE BK.

342 Mass. 41 (1961)

172 N.E.2d 92

UNION CONGREGATIONAL SOCIETY OF WEYMOUTH vs. SOUTH SHORE NATIONAL BANK OF QUINCY, trustee, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

February 7, 1961.

Attorney(s) appearing for the Case

Floyd H. Gilbert, (Roger M. Fletcher with him,) for the respondent Fogg.

Lewis L. Wadsworth, (Roger B. Hunt with him,) for the petitioner.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

WHITTEMORE, J.

This is a petition for a declaratory decree in respect of a trust for the benefit of Union Congregational Society of Weymouth under the will of John S. Fogg, late of Weymouth, who died May 16, 1892. Marion F. Fogg, executrix under the will of an heir at law of the testator, has appealed from the decree in the Norfolk Probate Court. The trust is "To pay the net income of twenty-five thousand dollars of said trust fund, in regular quarter-annual installments...

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