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DILL v. BOSTON SAFE DEPOSIT & TRUST CO.

343 Mass. 97 (1961)

175 N.E.2d 911

COLBY DILL & others vs. BOSTON SAFE DEPOSIT AND TRUST COMPANY, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 28, 1961.

Attorney(s) appearing for the Case

William Minot, for the petitioners.

Rhodes G. Lockwood, guardian ad litem, pro se, (Henry G. Weaver, Jr., with him).

John E. Rogerson, (Louis F. Eaton, Jr., with him,) for Boston Safe Deposit and Trust Company, trustee.

Donald R. Anderson, (Calvin P. Bartlett with him,) for Janet Dill Morton.

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

CUTTER, J.

This is a petition in equity (see G.L.c. 215, § 6) by four of the persons interested in a trust fund under an indenture of trust executed in 1927 by Joshua Dill. The trustee has distributed part of the principal of the trust fund to one beneficiary, Janet Dill Morton. The petitioners assert that the distribution to Janet was prematurely made and pray that the trustee be ordered to restore to the trust fund the amount distributed. A guardian ad litem...

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