LORING v. STEWART


349 Mass. 365 (1965)

208 N.E.2d 500

AUGUSTUS P. LORING & another, trustees, vs. MALCOLM C. STEWART, executor, & others.

Supreme Judicial Court of Massachusetts, Norfolk.

June 16, 1965.


Attorney(s) appearing for the Case

Dunbar Holmes stated the case.

James D. Dow for Malcolm C. Stewart, executor.

Daniel B. Bickford (Irving W. Cobb, Jr., with him) for Charles W. Bartlett, executor.

Roger M. Thomas for Augustus P. Loring, trustee.

Joseph P. Warner for the State Street Bank and Trust Company, guardian.

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


KIRK, J.

These are appeals from part of a decree of the Probate Court for the county of Norfolk on a petition for instructions as to the interpretation of a short term trust and a will, both executed by Louis B. Thacher, Jr. (the settlor).

On September 18, 1957, the settlor executed an irrevocable inter vivos trust which recited that its purpose was to satisfy the legal obligation of the settlor to his three living children by his first marriage and that its...

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