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WEST v. THIRD NATIONAL BANK OF HAMPDEN COUNTY

11 Mass. App. Ct. 577 (1981)

417 N.E.2d 991

BARBARA WEST vs. THIRD NATIONAL BANK OF HAMPDEN COUNTY, trustee; TRUSTEES OF MOUNT HOLYOKE COLLEGE & another, interveners.

Appeals Court of Massachusetts, Hampden.

March 16, 1981.

Attorney(s) appearing for the Case

Jonathan P. Rice for Third National Bank of Hampden County.

Raymond R. Randall for Trustees of Mount Holyoke College, intervener.

Gaynor K. Rutherford for the plaintiff.

Present: GRANT, BROWN, & GREANEY, JJ.

GREANEY, J.

Frank M. West executed his last will on October 24, 1924, at which time his family consisted of his wife Helen and his daughters Marion (age twenty-one) and Barbara (age seventeen). By the will, the testator established a testamentary trust (with the predecessor of the Third National Bank of Hampden County as the trustee) which provided a life estate for his wife and, upon her death, life estates for his two daughters. The trustee was empowered to pay...

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