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NEXON v. BOSTON SAFE DEPOSIT & TRUST CO.

5 Mass. App. Ct. 493 (1977)

364 N.E.2d 1077

PHILLIP J. NEXON, trustee, vs. BOSTON SAFE DEPOSIT AND TRUST COMPANY, trustee, & others.

Appeals Court of Massachusetts, Suffolk.

July 8, 1977.

Attorney(s) appearing for the Case

Phillip J. Nexon, trustee, pro se.

Alan L. Lewis for Nettie Zides.

A. Bentley Kurtis for Bessie Kurtis & others.

Mary Joann Reedy, Assistant Attorney General, for the Attorney General.

John E. Rogerson & Jeffrey W. Lemkin for Boston Safe Deposit and Trust Company, trustee.

Present: KEVILLE, ARMSTRONG, & BROWN, JJ.

KEVILLE, J.

This complaint for instructions was brought in a Probate Court by Phillip J. Nexon, surviving trustee of a trust under article III of the will of Phillip B. Bayes. The trustee, in support of the wishes of Nettie Zides, the life beneficiary and sister of the testator, seeks an instruction that he is empowered to distribute the entire principal of the trust to Nettie as assurance that the entire remainder of the trust will be available for the support of...

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