In re Declaration of Trust Made by Dumaine

This is an interlocutory transfer without ruling from the Hillsborough County Probate Court (Cloutier, J.). See SUP. CT. R. 9. The petitioners, the trustees of a declaration of trust made by Frederic C. Dumaine and others, ask the court to determine whether the word “children” in the net income provision of the trust should be interpreted to include descendents of Dumaine who are neither his children nor grandchildren. The respondents, two of Dumaine’s grandchildren, join in the petitioners’ request. We hold that the settlor of the trust intended the word “children” to be interpreted…