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WALTON v. HARRIS

No. 93-P-1702.

38 Mass. App. Ct. 252 (1995)

MARTHA B. WALTON vs. DAVID P. HARRIS & another, trustees.

Appeals Court of Massachusetts, Bristol.

March 16, 1995.

Attorney(s) appearing for the Case

James S. Dittmar for the plaintiff.

Gordon T. Walker for David P. Harris.

Barbara L. Moore for Arthur J. Ferguson.

Present: WARNER, C.J., JACOBS, & IRELAND, JJ.

WARNER, C.J.

Edith B. Young (the settlor) created an irrevocable inter vivos trust in 1957. She executed the trust instrument in Fairhaven, her place of domicile, and appointed two trustees: her son, Richard B. Young of Mattapoisett, was to be the interested trustee, and Samuel Dennis of Wellesley Hills was to be the independent trustee. The trust's second article instructed the trustees to divide the trust fund...

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