Nexon v. Boston Safe Deposit & Trust Co.

This complaint for instructions was brought in a Probate Court by Phillip J. Nexon, surviving trustee of a trust under article III of the will of Phillip B. Bayes. The trustee, in support of the wishes of Nettie Zides, the life beneficiary and sister of the testator, seeks an instruction that he is empowered to distribute the entire principal of the trust to Nettie as assurance that the entire remainder of the trust will be available for the support of Nettie’s husband, Abraham, should he survive her. The trustee represents that such assurance would give Nettie “greatest comfort and…