New England Trust Co. v. Berry

Frederick A. Cheney, late of Arlington, by his will left the residue of his estate to the petitioner in trust to pay sixty per cent of the net income in accordance with paragraph “A,” thirty per cent in accordance with para*37graph “B,” and the remaining ten per cent in accordance with paragraph “C.” Each of these paragraphs included provisions for possible payments out of principal. Paragraph “D” provided for the ultimate distribution of the remaining balance of principal among a number of beneficiaries not previously mentioned, including several charities.

The questions at issue relate to the…