Hillman v. Second Bank-State Street Trust Co.
Massachusetts Supreme Judicial Court
1Opinion of the CourtCutter, J.
This is a petition for instructions, amended to include a petition for a declaratory decree, brought by Mrs. Hillman against the trustee of an inter vivas trust dated December 11, 1950. By article 2 of this trust indenture the settlor gave in trust to a predecessor of the Second Bank-State Street Trust Company (hereinafter called the trustee) substantial property in trust to “pay to or apply for the benefit of the” settlor’s daughter “such sums from income as it shall deem for her best interest and any sums not so paid or applied shall be accumulated.” Article 2 of the indenture also (a)…
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