Boston Safe Deposit & Trust Co. v. Wilbur

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’s grandson, George n, as an individual entitled to proceeds from the trust.2 A Probate and Family Court judge granted summary judgment for…