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O'CONNELL v. FROST

345 Mass. 194 (1962)

186 N.E.2d 451

DANIEL T. O'CONNELL & another, trustees, vs. CHARLES KIMBALL FROST, individually and as executor, & another.

Supreme Judicial Court of Massachusetts, Norfolk.

December 4, 1962.

Attorney(s) appearing for the Case

Lenahan O'Connell stated the case.

G.K. Richardson for Mary E. Buck.

William N. Swift for Charles Kimball Frost.

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

CUTTER, J.

The trustees under the will of Walter E. Frost (Walter) filed a petition in the Probate Court for instructions. From a decree on that petition, the respondent Mary E. Buck has appealed. The case was heard upon statements of counsel and documentary evidence introduced before the probate judge. The evidence is reported.

Walter died June 24, 1928, leaving as his heirs his widow Agnes, his brother Henry A. Frost, his sister Nellie M.

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