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ELEFANTE v. NEWHALL

No. 95-P-1508.

44 Mass. App. Ct. 299 (1998)

MICHAEL B. ELEFANTE & others, trustees, v. MARK A. NEWHALL & another.

Court of Appeals of Massachusetts, Norfolk.

February 20, 1998.

Attorney(s) appearing for the Case

Laurie J. Hall for Mark A. Newhall & another.

Douglas E. Hausler for Stephen Newhall.

Present: ARMSTRONG, KAPLAN, & LENK, JJ.

ARMSTRONG, J.

Alice J. Newhall, the testatrix, had three children, one of whom, a son, Cheever Newhall, had three biological children.3 On April 1, 1968, she executed a will by which, in Article Fourth, she devised her seventy-acre vacation property in New Hampton, New Hampshire, in trust for the benefit of those three grandchildren, designated by name. In Article Fifth she gave her residuary estate in trust for the benefit

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