Theopold v. Sears

The petitioners seek instructions regarding the distribution of certain assets which they hold as trustees under the fifth paragraph of the will of the testator, Frederick R. Sears, late of Boston. The probate judge entered a final decree ordering that the assets (after the payment of certain costs and expenses) be turned over to Mason Sears, the surviving son of the testator’s half brother Philip. The appellants are Philip Sears, the son of Mason Sears, and David Sears, a minor, the grandson of Mason Sears, and each claims that he is entitled to the trust assets.

*461Paragraph five of the will…