West v. THIRD NATIONAL BANK OF HAMPDEN COUNTY

Frank M. West executed his last will on October 24,1924, at which time his family consisted of his wife Helen and his daughters Marion (age twenty-one) and Barbara (age seventeen). By the will, the testator established a testamentary trust (with the predecessor of the Third National Bank of Hampden County as the trustee) which provided a life estate for his wife and, upon her death, life estates for his two daughters. The trustee was empowered to pay income to the beneficiaries “from time to time and at such time or times as in [its] opinion . . . shall be proper.” Upon the death of either…