Devine v. Cote

Petition for instructions by the plaintiff who is the successor trustee under the will of Mary Bouchard whose will dated January 18, 1935 was duly allowed. The parties submitted an agreed statement of facts. The Court (Leahy, C. J.) reserved and transferred without ruling the questions of law relating to the trustee’s duties as to the disposition of the trust fund under the will for the benefit of testatrix’s son, Leo E. Bouchard, who is and has been since World War I a mentally incompetent veteran.

The testatrix bequeathed the residue of her estate in trust for her son “. . . for his support,…