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NEW ENGLAND MERCHANTS NATL. BANK v. KANN

363 Mass. 425 (1973)

294 N.E.2d 390

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON vs. JOSEPHINE STANLEY KANN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1973.

Attorney(s) appearing for the Case

H. Burton Powers for the petitioner.

Mark A. Michelson for Trinity Church & others.

John L. Simonds (Charles S. Coit with him) for Josephine Stanley Kann.

Lawrence J. O'Keefe, Assistant Attorney General (Francis V. Hanify, Assistant Attorney General, with him) for the Attorney General.

Present: TAURO, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.

TAURO, C.J.

A judge of the Probate Court reserved and reported, without decision, the issues raised by this petition in equity of the New England Merchants National Bank of Boston as remaining trustee (trustee) under the will of Annie F. Selfridge and the counterclaim of the respondents Trinity Church, Massachusetts General Hospital and Episcopal Theological School (charities). In essence, the petition seeks to modify the trust by increasing the annual stipend payable...

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