BOSTON SAFE DEPOSIT & TRUST CO. v. BOYNTON


15 Mass. App. Ct. 103 (1983)

443 N.E.2d 1344

BOSTON SAFE DEPOSIT AND TRUST COMPANY, trustee, vs. MARION KEEN BOYNTON & others.

Appeals Court of Massachusetts, Plymouth.

January 10, 1983.


Attorney(s) appearing for the Case

Walter Lincoln Boyden for the plaintiff.

Benjamin A. Stein for Marion Keen Boynton.

Present: BROWN, ROSE, & DREBEN, JJ.


DREBEN, J.

This is an action by the trustee under a declaration of trust of Nehemiah Boynton, Jr., seeking instructions as to whether, in exercising its discretionary power to invade principal for the support of the donor's widow, Marion Keen Boynton, her separate resources are to be considered. A judge of a Probate Court ruled that such assets should be taken into account. We affirm.

The following facts are undisputed. Marion Keen Boynton was Nehemiah's second...

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