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STATE STREET BANK & TRUST CO. v. D'AMARIO

368 Mass. 542 (1975)

333 N.E.2d 407

STATE STREET BANK AND TRUST COMPANY & another, trustees, vs. BARBARA HICKS D'AMARIO & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 28, 1975.

Attorney(s) appearing for the Case

Joseph R. Watkins stated the case.

Paul B. Sargent for the defendants D'Amario & another.

Francis V. Hanify, Assistant Attorney General (Timothy J. Lane, Jr., with him) for the Attorney General.

John A. Perkins for the Salvation Army of Georgia.

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

KAPLAN, J.

The petitioners State Street Bank and Trust Company and Ernest G. Angevine, as trustees under a declaration of trust dated March 18, 1919 (as amended), by Charles F. Bacon, late of Brookline, Massachusetts, commenced this suit in a Probate Court praying instructions as to their duty upon the termination of the trust at the death of the life beneficiary, Mrs. May Bacon Hicks, daughter of the settlor. The trustees were in doubt whether they were required...

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