BOSTON SAFE DEPOSIT & TRUST CO. v. SCHMITT


349 Mass. 669 (1965)

212 N.E.2d 202

BOSTON SAFE DEPOSIT AND TRUST COMPANY & another, trustees, vs. PATRICIA W. SCHMITT & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 6, 1965.


Attorney(s) appearing for the Case

Gardner T. Bolster stated the case.

William Minot for Patricia W. Schmitt.

Philip P. Wadsworth for Dorothea W. Barrows, Special Administratrix.

Erastus H. Hewitt for Boston Safe Deposit and Trust Company & another, executors, & another.

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


SPALDING, J.

The trustees under the will of Edward Newton Whittier bring this petition for instructions and for a declaratory decree to determine to what persons and in what amounts the principal and accumulated income of the trust created in the will should now be paid.

The testator died on June 14, 1902, leaving a will which was allowed by the Probate Court of Suffolk County on July 3, 1902. By his will, he bequeathed...

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