Neary V. Martin

All of the real property involved in this action was in the ownership of John M. Medeiros in 1970, when it was conveyed, together with other property, to Benjamin Medeiros, a son of the grantor, as trustee, in trust for the settlor for his life. The trust deed provided that the trustee should pay amounts needed for the settlement of the settlor's estate to his personal representatives upon their demand received prior to the distribution of the trust estate. Upon the settlor's death, the trust deed provided that the trust should terminate and the principal of the trust estate should vest in and be transferred to the settlor's children and their issue. The trustee was given very general powers of management and sale, including an express power, when required to distribute the trust property, to do so in kind or in money, in his discretion.