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NATIONAL SHAWMUT BANK v. ZINK

347 Mass. 194 (1964)

196 N.E.2d 917

NATIONAL SHAWMUT BANK OF BOSTON, executor, vs. EVA ZINK, executrix, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 5, 1964.

Attorney(s) appearing for the Case

Paul V. Power (Bancroft R. Wheeler with him) stated the case.

William A. Cotter, Jr., for Eva Zink, executrix.

John H. Linsley for Floyd Donaldson, executor, & others.

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

REARDON, J.

The petitioner, as it is executor of the will of Eugene A. Richardson, who died on April 16, 1950, seeks instructions on the disposition of a portion of the remainder interest of the testator's estate. The will was admitted to probate on June 21, 1950, and provided: "To my wife, Delia R. Richardson, my home for her use for life, if she does not choose to remarry. If she remarries the home to be sold and the profits...

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