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THAXTER v. FRY

222 A.2d 686 (1966)

Sidney W. THAXTER et al. v. George Gardiner FRY, Jr., et al.

Supreme Judicial Court of Maine.

September 9, 1966.

Attorney(s) appearing for the Case

Thomas Schulten, Portland, Preti, Peabody & Johnson, by Arthur A. Peabody and Robert W. Smith, Portland, for intervenors.

Christopher A. Moen, Jr., Jotham D. Pierce, Portland, for defendant Charles C. Robertson.

Woodman, Thompson, Chapman & Hewes, by Charlton S. Smith, Portland, for defendant Montgomery Blair, Jr.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, MARDEN, RUDMAN, and DUFRESNE, JJ.

MARDEN, Justice.

This is a complaint seeking the construction of certain portions of the Will of Mary J. E. Clapp as those portions pertain to the duration of a testamentary trust and the authority of trustees thereunder in two respects, (a) the authority of the trustees to create a leasehold extending beyond the life of the trust, and (b) the authority of the trustees to create from income a reserve for depreciation and obsolescence.

In the event it is determined...

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