Hendrick Et Al. v. Mitchell Et Al‪.‬

DOLAN, Justice. This is a petition brought under the provisions of G.L.(Ter.Ed.) c. 215, § 6B, inserted by St.1935, c. 247, § 1, for a declaratory judgment 1 to determine title to the real estate devised under the will of Orville L. Story. The case comes before us on the appeal of the petitioners from the decree entered by the Judge. The evidence is reported, and the Judge made a report of the material facts found by him. Material facts are as follows: The petitioners are the trustees under the will of Florence A. Story, who was the widow of Orville, hereinafter referred to as the testator. At the time of his death his heirs at law were his widow and his mother, Apphia J. Story. The real estate involved consists of three parcels, one at 12 Morton Street, Somerville, one at 10-12 Devereaux Street, Arlington, and one a lot of land in the rear of the Devereaux Street premises.