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IN RE BAYLEY TRUST

No. 21-68.

250 A.2d 516 (1969)

In re Charles H. BAYLEY TRUST.

Supreme Court of Vermont.

February 4, 1969.

Attorney(s) appearing for the Case

Ryan & Ryan, Montpelier, for Museum of Fine Arts, appellant.

Fitts & Olson, Brattleboro, for Margaret C. Fabyan and Dorothy Chamberlin Robinson.

Witters, Akley & Brown, St. Johnsbury, for First Congregational Church of Newbury, Inc., Tenney Memorial Library, Inc., Mary Hitchcock Memorial Hospital, Newbury Village Burying Ground Ass'n, Inc., and the Town of Newbury.

James L. Oakes, Atty. Gen., for the State.

Otterman & Allen, Bradford, and F. Winchester Denio, Boston, Mass., for the First National Bank of Boston, Trustee.

Before HOLDEN, C. J., and SHANGRAW, BARNEY and KEYSER, JJ.

HOLDEN, Chief Justice.

This is an appeal by the trustee from an order of the probate court, directing partial termination of the testamentary trust established by Charles H. Bayley. Mr. Bayley, who resided at Newbury, Vermont, died January 28, 1928. His will was established and allowed by the probate court for the district of Bradford.

The testator bequeathed the residue of his estate to the First National Bank of Boston in trust. In substance, the will directed...

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