CAPE COD BANK & TRUST CO. v. CAPE COD HOSPITAL


3 Mass. App. Ct. 279 (1975)

327 N.E.2d 902

CAPE COD BANK AND TRUST COMPANY, administrator, vs. CAPE COD HOSPITAL & others.

Appeals Court of Massachusetts, Barnstable.

May 20, 1975.


Attorney(s) appearing for the Case

Daniel J. Fern for the Cape Cod Hospital & others.

Paul B. Sargent for Virginia Barcus.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.


ARMSTRONG, J.

This is a petition for instructions brought by the administrator with will annexed of the estate of one Neila V.B. Lyon for a determination as to how the residue of her estate should be distributed. Three of the beneficiaries named in the residuary clause of the will appeal from a decree which determined that a one-ninth share of the residue had lapsed and ordered that that share be distributed as intestate property to the sole heir of the testatrix...

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