NEW ENGLAND MERCHANTS NATIONAL BANK v. MASON


350 Mass. 265 (1966)

214 N.E.2d 39

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON, trustee, vs. LILA D. MASON, executrix, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 9, 1966.


Attorney(s) appearing for the Case

Robert W. Emmons stated the case.

Colette Manoil (Edwin H.L. Carr with her) for the respondent Barbara C. Cleveland, executrix; Robert M. Zimmerman, for the respondent Dorothea Cushing, administratrix, also with her.

Philip Sherman for the respondent Lila D. Mason, executrix.

Present: WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


CUTTER, J.

The trustee under the will of Edward H. Norton, who died in 1911, seeks instructions concerning the distribution of property held in trust under art. 12 for the benefit of Josephine Norton and others. The case has been reserved for the determination of this court upon the pleadings and a statement of agreed facts.

By art. 12, the testator left the residue of his estate to George W. Norton in trust for...

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