MERRIMACK VALLEY NATIONAL BANK v. GRANT


353 Mass. 145 (1967)

228 N.E.2d 732

MERRIMACK VALLEY NATIONAL BANK & another, trustees, vs. ALFRED H. GRANT & others.

Supreme Judicial Court of Massachusetts, Essex.

July 12, 1967.


Attorney(s) appearing for the Case

W. Clifford McDonald stated the case.

Andrew L. Nichols for Alfred H. Grant & others.

Varnum Taylor, for Ernst Rothe & another, submitted a brief.

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


KIRK, J.

This is an appeal from a final decree in the Probate Court for Essex County upon a petition for instructions brought by the trustees under the will of Delight W. Gage to ascertain to whom and in what proportions the trust estate is distributable.

We set out those portions of articles 4 and 5 of the testatrix's will which are in issue. "FOURTH: I give and devise to my aunt, Julia E. Twitchell, my sister, Margaret K. Grant, and her husband, the Reverend...

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