Fiduciary Trust Co. v. State Street Bank & Trust Co.

This petition in equity, brought in the Probate Court, seeks instructions concerning the trust under the will of Charles H. Joy (the testator). Upon the pleadings and a statement of agreed facts, the case was reported without decision for the determination of this court. G. L. c. 215, § 13.

Charles H. Joy died and his will was allowed in 1892. He was survived by his widow and by five children, Charles, John, Mrs. Edith Eield, Mrs. Ellen Gray, and Benjamin. Benjamin Joy, the last survivor of the testator’s children, died without leaving issue on September 10, 1968. Ellen Gray died on January…