FIDUCIARY TRUST CO. v. STATE ST. BANK AND TRUST CO.


360 Mass. 652 (1971)

277 N.E.2d 120

FIDUCIARY TRUST COMPANY, trustee, vs. STATE STREET BANK AND TRUST COMPANY, executor, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 16, 1971.


Attorney(s) appearing for the Case

Harry F. Rice stated the case.

Keith L. Hughes for Marie Louise Godfrey & another.

Robert F. Sylvia (Thomas W. Crosby with him) for Alumnae Association of the School of Nursing of the Presbyterian Hospital in the City of New York, Inc.

Present: TAURO, C.J., CUTTER, QUIRICO, & BRAUCHER, JJ.


CUTTER, J.

This petition in equity, brought in the Probate Court, seeks instructions concerning the trust under the will of Charles H. Joy (the testator). Upon the pleadings and a statement of agreed facts, the case was reported without decision for the determination of this court. G.L.c. 215, § 13.

Charles H. Joy died and his will was allowed in 1892. He was survived by his widow and by five children, Charles, John, Mrs. Edith Field, Mrs. Ellen Gray...

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