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NEW ENGLAND MERCHANTS NATIONAL BANK v. GROSWOLD

387 Mass. 822 (1983)

444 N.E.2d 359

NEW ENGLAND MERCHANTS NATIONAL BANK, trustee, vs. MARY ANN GROSWOLD & another (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 5, 1983.

Attorney(s) appearing for the Case

James T. Ronan (Mary P. Harrington with him) for Diane Begin Hebert.

Raymond H. Young for Mary Ann Groswold.

Eric F. Menoyo for the plaintiff.

Present: HENNESSEY, C.J., LIACOS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

This appeal concerns whether the defendant Diane Begin Hebert, the adopted daughter of a beneficiary of two trusts created by Annie Knapp Hardy, is entitled to a share of the distribution of the trust assets. We hold that she is not.

The pertinent facts are as follows. Annie Knapp Hardy died in 1942. By her will, executed in 1931 and amended by codicils in 1938 and 1939, and by an inter vivos instrument...

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