PERKINS v. NEW ENGLAND TRUST CO.


344 Mass. 287 (1962)

182 N.E.2d 308

JOHN A. PERKINS, trustee, vs. THE NEW ENGLAND TRUST COMPANY, executor and trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1962.


Attorney(s) appearing for the Case

John A. Perkins, stated the case.

Richard Wait, for the respondents Harvey H. Bundy, executor and another.

John E. Rogerson, for the respondents Edith Bremer Faxon and others.

Augustus W. Soule, Jr., for the respondent The New England Trust Company, executor and trustee.

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


SPALDING, J.

This is a petition for instructions by the trustee under the will of John L. Bremer.

John L. Bremer died in 1896 survived by a widow, two sons (S. Parker Bremer and J. Lewis Bremer), and a daughter, Sarah. The widow died in 1916. S. Parker was the first of John's children to die; he died testate in 1925, survived by three daughters, Edith Bremer Faxon, Ruth Bremer Baker, and Mabel Bremer Baker. Sarah, a spinster, died on July 6, 1958. In 1905...

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