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Wills Trusts & Estates keyed to Dukeminier
Loring v. Marshall
Facts
Marian Hovey created a testamentary trust granting powers of appointment over the trust income to his nephews to exercise in favor of their wives under limited circumstances. If her nephews failed to make such an appointment, the trust property was to be transferred to the Boston Museum of Fine Arts and other charities. Hovey’s nephew, Cabot Jackson Morse, left the remainder of his estate to Anna Braden Morse. Morse never exercised his right in regards to the trust principal of the trust created by Hovey. When she passed, the trustees were uncertain how to distribute the principal of the trust.
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