Hendrick v. Mitchell

This is a petition brought under the proyisions of G. L. (Ter. Ed.) c. 215, § 6B, inserted by St. 1935, c. 247, § 1, for a declaratory judgment1 to determine title to the real estate devised under the will of Orville L. Story. The case comes before us on the appeal of the petitioners from the decree entered by the judge. The evidence is reported, and the judge máde a report of the material facts found by him. Material facts are as follows: The petitioners are the trustees under the will of Florence A. Story, who was the widow of Orville, hereinafter referred to as the testator. At the time of…