HOCHBERG v. PROCTOR


441 Mass. 403 (2004)

ALVIN S. HOCHBERG & another, trustees, v. MATTINA PROCTOR & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 2004.


Attorney(s) appearing for the Case

Robert J. Rutecki (Wendie E. Murstein with him) for Mattina Proctor.

Joseph L. Kociubes for Nicholas Emerson King & another.

John P. Fulginiti (Ann Wagner with him) for Emery van Daell Rice & others.

Raymond H. Young, for the plaintiffs, was present but did not argue.

James R. DeGiacomo, for Eden N. Ayer, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.


GREANEY, J.

This is a complaint for instructions by the trustees under the will of Thomas E. Proctor, Jr. (Thomas, Jr.), as to the distribution of the principal of three trusts created by the will. A judge in the Probate and Family Court appointed guardians ad litem to represent minors and unascertained and unborn issue, and, following argument, entered an amended judgment directing distribution of two of the trusts and...

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