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BOSTON SAFE DEPOSIT & TRUST CO. v. FLEMING

361 Mass. 172 (1972)

279 N.E.2d 342

BOSTON SAFE DEPOSIT AND TRUST COMPANY, trustee, vs. DENISE FLEMING & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 15, 1972.

Attorney(s) appearing for the Case

Walter G. Van Dorn for Denise Fleming & another.

Harris A. Reynolds for Rogerson House.

Albert M. Fortier, Jr., for The New England Hospital.

Mark A. Michelson for the Home for Aged Women.

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

John V. Phelan, for the petitioner, submitted a brief.

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

CUTTER, J.

This petition seeks instructions about the distribution of the corpus of a trust under the will of James C. Whitmore (the testator) upon the death on January 5, 1969, of his daughter, Grace W. Fleming (Grace). A decree of the Probate Court ordered distribution to six charitable corporations in equal shares. Grace's adopted children, John W. and Denise Fleming, appealed. The case is before us on a statement of agreed facts, a report of material facts, and...

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