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TRUSTEES OF FIRST METHODIST CHURCH v. ATTORNEY GENERAL

359 Mass. 658 (1971)

270 N.E.2d 905

TRUSTEES OF FIRST METHODIST CHURCH OF HOLYOKE & others vs. ATTORNEY GENERAL.

Supreme Judicial Court of Massachusetts, Hampden.

June 14, 1971.

Attorney(s) appearing for the Case

Robert H. Quinn, Attorney General, & James J. Kelleher, Assistant Attorney General, for the Attorney General.

Ralph W. Crowell & John H. Williams, Jr., for the petitioners.

Present: TAURO, C.J., SPIEGEL, REARDON, QUIRICO, & BRAUCHER, JJ.

TAURO, C.J.

This is an appeal by the Attorney General from a decree of the Probate Court on a petition for instructions as to the effect of the residuary clause of the will of Eliza Smith. The testatrix died on November 26, 1907, and her will was allowed on December 18, 1907.

The testatrix in clause Fifteenth of her will directed that her executor divide the residue into six equal shares and "pay over, the same to the ... Treasurers of the Church Committees...

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