Shine v. Monahan

This is an appeal from a decree of the Probate Court for Norfolk County on a petition for instructions filed by the trustees of the Edward O’Toole Trust, an inter vivas trust. The only issue presented on appeal is whether the probate judge ruled correctly that clause Third of the will of Mary L. O’Toole effectively exercised the power of appointment created by clause 3 of the trust. It is not disputed that the two appellants are, as their brief informs us, grandsons of Edward O’Toole, who, although not named as parties in the original petition, were on their motion admitted as parties, or…