BOSTON SAFE DEPOSIT & TRUST CO. v. DEAN


361 Mass. 244 (1972)

279 N.E.2d 902

BOSTON SAFE DEPOSIT AND TRUST COMPANY & another, trustees, vs. BENJAMIN P. DEAN, SECOND, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 25, 1972.


Attorney(s) appearing for the Case

Neil R. Markson stated the case.

John T. Collins for Richard L. Dean & another.

Albert M. Fortier, Jr., for Richard S. Bowens, guardian ad litem.

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


CUTTER, J.

The trustees under two trust indentures, made prior to 1958 by Langdon Pearse (the settlor), seek instructions and declaratory relief concerning whether and to what extent Richard L. Dean, an adopted son of Benjamin Palmer Dean (in turn a son of Philip L. Dean, mentioned below), is entitled to share in the current trust income (and hereafter in the corpus) and to be regarded as a beneficiary of each trust. A guardian...

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