THEOPOLD v. SEARS


357 Mass. 460 (1970)

258 N.E.2d 559

PHILIP H. THEOPOLD & others, trustees, vs. MASON SEARS & others.

Supreme Judicial Court of Massachusetts, Suffolk..

May 6, 1970.


Attorney(s) appearing for the Case

H. Burton Powers stated the case.

Bertram W. Allen for Philip Sears.

Richard Wait for Mason Sears.

Arthur E. Schoepfer, guardian ad litem, submitted a brief.

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


SPIEGEL, J.

The petitioners seek instructions regarding the distribution of certain assets which they hold as trustees under the fifth paragraph of the will of the testator, Frederick R. Sears, late of Boston. The probate judge entered a final decree ordering that the assets (after the payment of certain costs and expenses) be turned over to Mason Sears, the surviving son of the testator's half brother Philip. The appellants are Philip Sears, the son of Mason Sears...

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