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NEW ENGLAND TRUST CO. v. FAXON

343 Mass. 273 (1961)

178 N.E.2d 488

NEW ENGLAND TRUST COMPANY, trustee, vs. EDITH BREMER FAXON & others.

Supreme Judicial Court of Massachusetts, Norfolk.

December 5, 1961.

Attorney(s) appearing for the Case

Augustus W. Soule, Jr., stated the case.

Richard Wait, for Harvey H. Bundy, executor.

John E. Rogerson, (Ralph S. Brown, Jr., with him,) for Edith Bremer Faxon and others.

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

CUTTER, J.

This is a petition for instructions by the trustee under an irrevocable1 trust indenture of Sarah F. Bremer, dated July 27, 1905. The 1905 indenture directed the trustee to pay the income to Sarah during her life and at her death to transfer the trust fund "[A]2 to such person or persons ... as ... Sarah may appoint ... by any last will.... [B] But in default...

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