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ROCHE v. BOSTON SAFE DEPOSIT & TRUST CO.

391 Mass. 785 (1984)

464 N.E.2d 1341

JOHN J. ROCHE, guardian ad litem, vs. BOSTON SAFE DEPOSIT AND TRUST COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 1984.

Attorney(s) appearing for the Case

Edward B. Hanify (George Marshall Moriarty & Steven A. Kaufman with him) for the defendant.

James D. St. Clair (Jeffrey B. Rudman & Richard A. Johnston with him) for the plaintiff.

Catharine W. Hantzis & Leslie G. Espinoza, Assistant Attorneys General, for the Attorney General, amicus curiae, submitted a brief.

Frederic G. Corneel, Philip H. Suter & Roger A. Greenbaum, for Massachusetts Bankers Association, amicus curiae, submitted a brief.

William H. Smith & Michael F. Crotty, of the District of Columbia, for American Bankers Association, amicus curiae, submitted a brief.

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

NOLAN, J.

Boston Safe Deposit and Trust Company (Boston Safe), as trustee of its Common Trust Fund "C", has appealed from a probate judge's order reopening the twelfth, thirteenth, and fourteenth accounts.2 The twelfth account was allowed on May 2, 1973, the thirteenth on July 8, 1975, and the fourteenth on September 24, 1975, to each of which guardians ad litem assented.

The plaintiff, John Roche, appointed guardian ad litem in...

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