LORING v. KARRI-DAVIES


371 Mass. 346 (1976)

357 N.E.2d 11

AUGUSTUS P. LORING & others, trustees, vs. ANNE KARRI-DAVIES & others, trustees (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

November 16, 1976.


Attorney(s) appearing for the Case

Samuel B. Potter for Augustus P. Loring & others, trustees.

William N. Swift (John C. Thomson with him) for Jean G. Wadsworth & others.

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


QUIRICO, J.

In each of these two cases brought in the Probate Court pursuant to G.L.c. 231A, the plaintiffs as trustees under the will of Ruth G. Foster (the donee), seek a declaration that the donee's attempted exercise, by separate provisions of her will, of two powers of appointment granted to her by her late father, William A. Gaston (the donor), was valid. The first case involves a power granted by the donor to the donee by his will, and the second a power granted...

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