New England Merchants National Bank v. Morin

By a declaration of trust dated November 26, 1952 (and later amended on three occasions), Philias T. Morin (the settlor) placed certain of his property in trust, and provided that termination of the trust and distribution of its proceeds would occur upon “the death and the last survivor of my said four children and my said sons’ widows.” New England Merchants National Bank (the bank), a corporate trustee under the trust instrument, brought a complaint for instructions inquiring whether funds paid from invasions of principal to Julius P. Morin (Julius), a son of the settlor, should be charged…