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BOSTON SAFE DEPOSIT & TRUST COMPANY v. WILBUR

431 Mass. 429 (2000)

BOSTON SAFE DEPOSIT & TRUST COMPANY, trustee, v. CARLA M. WILBUR & others.

Supreme Judicial Court of Massachusetts, Barnstable.

May 11, 2000.

Attorney(s) appearing for the Case

Raymond H. Young for the plaintiff.

Robert A. Lapping (Ralph G. Picardi with him) for Carla M. Wilbur.

Thomas K. Birch, for Sally W. Dolan & others, was present but did not argue.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GRLANLY, IRELAND, SPINA, & COWIN, JJ.

COWIN, J.

The plaintiff, Boston Safe Deposit and Trust Company (Boston Safe), as trustee of a trust established by the will and codicils of George B. Wilbur (testator), brought a complaint for declaratory judgment to determine the proper interpretation and distribution of the trust. Boston Safe sought to determine whether the testator, by use of the term "representatives" in the trust, intended to include Carla M. Wilbur (Carla), the adopted daughter of the testator...

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