FIRST SAFE DEPOSIT NATIONAL BANK v. WESTGATE


346 Mass. 444 (1963)

193 N.E.2d 683

THE FIRST SAFE DEPOSIT NATIONAL BANK OF NEW BEDFORD & another, trustees, vs. ROSE F. WESTGATE & others.

Supreme Judicial Court of Massachusetts, Bristol.

November 8, 1963.


Attorney(s) appearing for the Case

Maurice F. Downey stated the case.

Charles W. Deasy for Rose F. Westgate & others.

Edward J. Harrington, Jr. (Helen P. Brewer with him) for Mary M. Sullivan.

John D. Kenney for The First Safe Deposit National Bank of New Bedford & another, executors, & others.

Edward D. Hicks for New Bedford Men's Mission, Inc.

Present: WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

The petitioners seek instructions regarding the distribution of certain assets which they hold as trustees under the fifth clause of the will of the testator, John V. O'Neil, late of New Bedford. The probate judge entered a final decree ordering the assets turned over to the executors of the will of John V. O'Neil, Jr., the only son of the testator; these executors and several beneficiaries under the will of the son are the appellees. The appellants are...

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