Old Colony Trust Co. v. Washburn. Leckie's

DOLAN, Justice. This case comes before us upon an appeal of the respondent from the several decrees entered in the Probate Court allowing the twenty-fourth to twenty-ninth accounts, inclusive, of the petitioner, as trustee under the will of William J. Leckie (hereinafter referred to as the testator). The only items of the accounts that are disputed are those showing the payment of the net income of the estate in the hands of the petitioner to the testator's widow, Mary E. Leckie, who died on April 25, 1936. Her will, under which she purported to exercise a power of appointment created by the testator's will was allowed on May 28, 1936, and the petitioner was appointed and duly qualified as executor thereunder. The rights to the principal of the residuary estate of the testator held by the petitioner were resolved by this court in the case of Old Colony Trust Co. v. Richardson, Mass., 7 N.E.2d 432.