NEW ENGLAND MERCHANTS NATIONAL BANK v. FROST


357 Mass. 158 (1970)

257 N.E.2d 439

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON, trustee, vs. BEATRICE E. FROST, individually and as executrix, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1970.


Attorney(s) appearing for the Case

Virginia Aldrich stated the case.

H. Burton Powers (Harley M. Smith with him) for New England Home for Little Wanderers & another.

James J. Kelleher, Assistant Attorney General, for the Attorney General.

Harold L. Hayes, Jr. (John C. Creney with him) for Beatrice E. Frost.

Present: SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


KIRK, J.

This case is before us on appeals by the Attorney General and certain charitable institutions from a decree in the Probate Court entered upon a petition for instructions brought in February, 1968, by the surviving trustee under the will of George Edmund Frost to ascertain whether, to whom, and in what proportions the principal of two trusts is distributable.

The case is before us, as it was before the judge, for consideration and determination on...

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