WILLS - PROBATE - CONTEST - APPEARANCE BY TRUSTEE AND EXECUTOR NAMED IN EARLIER WILL

Petitioner, who was the widow of the testator, sought probate of a will dated December 1934 which gave her practically the entire estate. The bank filed opposition to the will. The bank was named both as executor and as trustee in an earlier alleged will. The earlier will contained certain legacies not included in the later one and a trust of the residue for various beneficiaries.

The probate court denied appearance of the bank both as executor and as trustee. Held, the bank is not entitled to contest the will as executor but may as trustee. Reed v. Home National Bank of Brockton, (Mass. 1937) 8 N. E. (2d) 601.