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B.M.C. DURFEE TRUST CO. v. FRANZHEIM

349 Mass. 335 (1965)

207 N.E.2d 913

B.M.C. DURFEE TRUST COMPANY, trustee, vs. L. WOODWARD FRANZHEIM & others.

Supreme Judicial Court of Massachusetts, Bristol.

June 9, 1965.

Attorney(s) appearing for the Case

Remsen M. Kinne, III, stated the case.

James D. St. Clair (Raymond B. Roberts with him) for L. Woodward Franzheim, Jr., & others.

Samuel Adams (Endicott Smith & John J. McCarthy with him) for Hannah Young & others.

Jay T. McCamic, of Virginia, for L. Woodward Franzheim.

Roy M. Robinson (Nicholas U. Sommerfeld with him) for Louise W. Franzheim.

Erastus H. Hewitt for L. Woodward Young & others.

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

CUTTER, J.

Solomon Woodward by his will, dated July 25, 1922, left the residue of his substantial estate in trust to pay $45,000 each year "in equal shares to and among my wife ... my daughter, Ruth ... and my son, Philip ... during their respective ... lives." Upon the death of any of these life beneficiaries leaving issue, such issue were to take "in equal shares" the deceased beneficiary's share of the annual sum of $45,000. In the event of the death of a beneficiary...

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