South Shore National Bank v. Berman

This is an appeal from a decree of the Probate Court on a petition brought by the executor of the will of Dora R. Kaufman seeking instructions as to the distribution of her estate. The case was submitted upon a statement of agreed facts.

In her will the testatrix gave her entire estate in trust for the benefit of her husband for life “if he survives me,” with unlimited discretion in the trustees to invade principal for his benefit, and directed her trustees to pay over the remainder “[u]pon the death of my husband” in equal shares to eight specifically named nephews and nieces identified as…