Waring v. Loring

The trustees under the will of Frank E. Peabody commenced this action on July 2, 1985, by filing a complaint *420for instructions in the Probate Court in Suffolk County in which they sought instructions as to the distribution of the remainder of their trust, the testamentary provision for disposition of the trust remainder contained in the will of Frank Peabody having failed.

On August 20, 1985, Lloyd B. Waring, coexecutor of the will of Amelia Peabody1 (Frank Peabody’s daughter), filed an answer praying that the court instruct the trustees under the will of Frank Peabody to distribute the trust…