Old Colony Trust Co. v. Tufts

This is an appeal from a decree of the Probate Court upon a petition by the trustee under the will of Dr. Edward C. Booth for instructions concerning the dis tribution of a trust fund. The matter was presented in the Probate Court upon the pleadings, Booth’s will, certain testimony, and statements of counsel, all of which are reported.

Booth died in 1925. In his will, he provided that the residue of his estate including lapsed legacies and devises was to be divided into ninety parts. Eighty ninetieths he bequeathed in varying amounts to ten named individuals. For instance, he bequeathed “…