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OLD COLONY TRUST CO. v. SHAW

348 Mass. 212 (1964)

202 N.E.2d 785

OLD COLONY TRUST COMPANY & another, trustees, vs. MANOEL ANTONIO SHAW & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 8, 1964.

Attorney(s) appearing for the Case

John M. Woolsey, Jr., stated the case.

Warren F. Farr (W. Lincoln Boyden, III, with him) for Louis A. Shaw, 2d, & another; Arnold W. Hunnewell, Jr., for Quincy A. Shaw, Jr., Abraham Margolis for Alexander A. Shaw, & Donald O. Smith for Manoel A. Shaw & another, also with him.

Brooks Potter (James C. Heigham with him) for Pauline S.C. Greene; John H. Linsley for Nancy S. Cutler & another, & Ira S. Siegler, of the District of Columbia, for Joanne S. Freedman, also with him.

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

SPALDING, J.

Quincy A. Shaw (the testator) died on June 12, 1908, and his will was admitted to probate on July 2, 1908. By the third article of his will he gave the residue of his estate to his trustees in trust "To hold the same during the lives of my said wife and of my children and of the survivor or longest liver of them, and upon the death of the survivor or longest liver of them, I give, ... the said Trust Property...

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