Smith v. Wheeler

This is a petition under the provisions of G. L. (Ter. Ed.) c. 231A, as inserted by St. 1945, c. 582, § 1, by one Alice E. Smith for a declaratory decree as to the “correct interpretation” of the following paragraph in the will of James H. Eaton, late of Rockport, dated June 18, 1937: “To Alice M. Smith and her two sons, Frank E. Smith and Leroy Smith, all of Ferncroft, West Gloucester, Massachusetts, I give my one-half interest in the taxi and garage business which I own in common with Joseph Sears, Jr. of said Rockport.” It is alleged in the petition that Sumner Y. Wheeler was appointed…