CHAPIN v. PATTERSON


353 Mass. 358 (1967)

231 N.E.2d 566

JOHN R. CHAPIN & others, trustees, vs. F. ALFRED PATTERSON, JR., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1967.


Attorney(s) appearing for the Case

Elizabeth G. Verville (Gardner Cushman with her) stated the case.

Jules E. Angoff for F. Alfred Patterson, Jr., & another.

Walter F. Flanagan for John K. Simpson & others.

Harris A. Reynolds (Jason A. Aisner with him) for Pauline M. Thomas, guardian.

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


CUTTER, J.

A testatrix left property in trust to pay the income to her nephew A for life and then "in equal shares to such of" A's children, B, C, and D, "as may be then living, and to the issue then living of any of said children who may have previously deceased, such issue to take their parent's share by right of representation," and "upon the death of any of said children ... [to pay] his or her share of the income in equal shares to his or her children and to...

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