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SCHWARTZ v. BAYBANK MERRIMACK VALLEY, N.A.

17 Mass. App. Ct. 169 (1983)

456 N.E.2d 1141

MAURICE SCHWARTZ, executor and trustee, vs. BAYBANK MERRIMACK VALLEY, N.A., trustee, & others.

Appeals Court of Massachusetts, Essex.

December 1, 1983.

Attorney(s) appearing for the Case

Samuel J. Concemi for the plaintiff.

Eric F. Menoyo for New England Deaconess Hospital.

Present: GRANT, GREANEY, & SMITH, JJ.

GREANEY, J.

This case involves a testamentary power of appointment, the terms of which called for its exercise by specific reference to the power in the donee's will. A judge of a Probate Court concluded, after trial, that the power had not been exercised by the residuary clause of the donee's will which neither referred to the power nor purported to exercise any power of appointment. We conclude that the judge's...

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