Alfau Et Al. v. Miller Et Al

DOLAN, Justice. This is a suit in equity in which the petitioners, who are the trustees under the will of Edward M. Coats, late of Springfield, deceased, seek instructions as to the distribution of a trust fund held by them under the eighth clause of the will. The evidence is not reported and the Judge made no report of material facts. However, the following facts are stated, either expressly or by necessary inference, in the briefs of the parties. The testator, whose will is dated November 26, 1926, died on January 19, 1927, leaving an estate consisting entirely of personal property of the value of $374,815.62. The daughter of the deceased, Marjorie C. Alfau, one of the petitioners, and called in the will Marjorie C. Holmes, was at one time the wife of one Miller. The respondent James R. Miller, described in the will as the testator's grandson, is her son. She has no other issue. Miller has two minor children. Since the case has been argued upon the assumption that these are facts and we are satisfied that the decree must be affirmed, we deal with the case as the parties have presented it. See Old Colony Trust Co. v. Shackford, 291 Mass. 361, 362, 197 N.E. 32.