Boston Safe Deposit & Trust Co. v. Fleming

This petition seeks instructions about the distribution of the corpus of a trust under the will of James C. Whitmore (the testator) upon the death on January 5, 1969, of his daughter, Grace W. Fleming (Grace). A decree of the Probate Court ordered distribution to six charitable corporations in equal shares. Grace’s adopted children, John W. and Denise Fleming, appealed. The case is before us on a statement of agreed facts, a report of material facts, and the reported evidence.1

On June 16,1901, the testator died at age sixty-eight, a *174resident of Boston. His will, dated January 25, 1899, was…