Kimball v. New England Trust Co.

Two appeals from probate involving the same estate have been tried together and the issues thus presented are embraced in this single opinion.

Marcus Morton Kimball, late of Pomfret, Connecticut died on October 17, 1939, leaving a will naming the New England Trust Company, hereinafter referred to as the trust company, as executor and trustee. His will, after making certain specific bequests, left all of the rest, residue, and remainder of his property to the trust company in trust to pay the income to specific life tennants and at the death of the last of them to distribute the trust res in a…