Old Colony Trust Co. v. Kennard

This is an appeal by three nephews of Agnes F. Thurston, testatrix, who as legatees under her will are adversely affected by a decree of the Probate Court for Middlesex County construing the will.

*721The principal question is whether certain pecuniary legacies in stated amounts to the appellants and two other relatives are to be paid before dividing over to two charities “one half of the cash and securities . . . remaining in the hands of . . . [the] executor at the date set by it for distribution . . ..” The judge ruled in substance that the pecuniary legacies should not be paid first. There was…