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NEW ENGLAND MERCHANTS NATIONAL BANK v. MORIN

16 Mass. App. Ct. 104 (1983)

449 N.E.2d 682

NEW ENGLAND MERCHANTS NATIONAL BANK, trustee, vs. JULIUS P. MORIN & others.

Appeals Court of Massachusetts, Suffolk.

May 26, 1983.

Attorney(s) appearing for the Case

James R. DeGiacomo (Paula J. Popeo with him) guardian ad litem for minor issue of Julius P. Morin.

William F. Butler, III, for Myrtle H. Morin & others.

David Hern, Jr., for Jerry M. Brown, guardian ad litem for minors and persons unascertained or unborn who are not issue of Julius P. Morin.

James R. Senior for Marcelline A. McManus & others.

Present: ARMSTRONG, KAPLAN, & KASS, JJ.

KASS, J.

By a declaration of trust dated November 26, 1952 (and later amended on three occasions), Philias T. Morin (the settlor) placed certain of his property in trust, and provided that termination of the trust and distribution of its proceeds would occur upon "the death and the last survivor of my said four children and my said sons' widows." New England Merchants National Bank (the bank), a corporate trustee under the trust instrument, brought a complaint for...

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