First Safe Deposit National Bank v. Westgate

The petitioners seek instructions regarding the distribution of certain assets which they hold as trustees under the fifth clause of the will of the testator, John V. O’Neil, late of New Bedford. The probate judge entered a final decree ordering the assets turned over to the executors of the wall of John V. O’Neil, Jr., the only son of the testator; these executors and several beneficiaries under the will of the son are the appellees. The appellants are nieces and nephews of the testator who claim the trust assets and the executors of the will of the testator’s deceased sister. The evidence…