SCHOTT v. BOSTON SAFE DEPOSIT & TRUST CO.


355 Mass. 562 (1969)

246 N.E.2d 673

MARGUERITE I. SCHOTT vs. BOSTON SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE AND ADMINISTRATOR, & OTHERS.

Supreme Judicial Court of Massachusetts, Middlesex.

April 7, 1969.


Attorney(s) appearing for the Case

Jules E. Angoff (Paul Sullivan with him) for the petitioner.

William T. Conlan for Anne Coe & another.

Louis F. Eaton, Jr., for Boston Safe Deposit and Trust Company, trustee, & another.

Vincent V.R. Booth, for Boston Safe Deposit and Trust Company, administrator.

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


SPIEGEL, J.

This petition brought in the Probate Court seeks specific performance against the respondent Boston Safe Deposit and Trust Company (hereinafter referred to as the bank), as trustee,1 of an alleged oral contract made between the petitioner and her late husband, Edward Henry Schott, prior to their marriage. The Boston Safe Deposit and Trust Company was also named as a respondent as the administrator of the estate of Edward Henry...

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