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Will in Probate Court
Posted by: Linda Foote Martin Date: January 14, 2001 at 02:04:59
  of 81

Commonwealth of Massachusetts
June 1964

To the Honorable the Judges of the Probate Court in and for the County of Middlesex:

Respectfully represents Horace H. SQUIRE of South Burlington, VT, as he is the duly qualified and acting Successor Trustee under the Will of Bessie Squire LOCKWOOD, Petitioner, that he brings this petition against the following named Respondents and alleges them to be to the best of his knowledge all of the parties interested in the matter of said petition, to wit:

ADAMS GROUP

Lawrence W. ADAMS – 3 North Hudson St., Boston, Suffolk Co., MA.

Ralph ADAMS – Box 175, South Freeport, Cumberland Co., ME

Henry S. ADAMS – 185 Lexington Ave., New York, New York Co., NY

Jane E. NOBLE – Wellington Heights Rd., Avon, Hartford Co., CT

Charles V. ADAMS, Jr. – Bunnell Road, Colebrook, Litchfield Co., CT

SQUIRE GROUP

Estate of Horace H. SQUIRE and
Ella L. SQUIRE – c/o Ella L. SQUIRE widow and sole legatee u/w Horace H. SQUIRE, 43 Stowe Street, Waterbury, Washington Co., VT

WILLIAM LOCKWOOD GROUP

Estate of William LOCKWOOD – c/o Percy Ole LOCKWOOD, Allen, Dixon Co., NE

Percy Ole LOCKWOOD and
estate of Martin Russell Lockwood - Allen, Dixon Co., NE

Marion Russell LOCKWOOD and
estate of Martin Russell LOCKWOOD – 31124 2nd Avenue, South Sioux City, Dakota Co., NE

Estate of Ida Granger LOCKWOOD – Huron, Beadle Co., SD

Vera Violet LeMAY-CURIE and
estate of Ida Granger LOCKWOOD – 1543 Elmira, Denver, Denver Co., CO

Howard LeMAY and
estate of Ida Granger LOCKWOOD – 186 Lemon Grove, CA

Estate of Victor Hillis LeMAY- c/o Vera Violet LeMAY-CURIE, 1543 Elmira, Denver, Denver Co., CO

Lt. Col. Glen Lockwood FOOTE U.S.A. and
estate of Ida Granger LOCKWOOD - c/o Vera Violet LeMAY-CURIE, 1543 Elmira, Denver, Denver Co., CO

Estate of Lyman G. LOCKWOOD – c/o Nellie LOCKWOOD, 50-7th St. S.E., Huron, Beadle Co., SD

Dudley Aca LOCKWOOD – Box 204B, Lebanon, Linn Co., OR

Estate of Alonzo Lincoln LOCKWOOD – c/o Mina LOCKWOOD, Idaho Springs, Clear Creek Co., CO

Estate of Alden E. LOCKWOOD – c/o Robert E. Beebe, Esq., Sioux City, Woodbury Co., IA

Estate of Lottie S. LOCKWOOD – c/ o Robert E. Beebe, Esq., Sioux City, Woodbury Co., IA

Glee E. LOCKWOOD and
estate of Alden E. LOCKWOOD – 800 South Glass St., Sioux City, Woodbury Co., IA

Gladys HODGES and
estate of Alden E. LOCKWOOD – 109 Shelley Drive, Mill Valley, Marin Co., CA

Geneva BAUER and
estate of Alden E. LOCKWOOD – 2558 Lakeport Rd., Sioux City, Woodbury Co., IA

Edith L. KNUTH and
estate of Zula LOCKWOOD-KEPFORD and
estate of Eldon KEPFORD – Algona, Kossuth Co., IA

Earl B. KEPFORD and
estate of Zula LOCKWOOD-KEPFORD and
estate of Eldon KEPFORD – Renner, Minnehaha Co., SD

BESSIE SQUIRE LOCKWOOD GROUP

Carl PERLEY and
estate of Joseph Squire – Shaker S. Q. Station, 3313 Silby Street, Cleveland, Cuyahoga Co., OH

Ruth Stetson MICK and
estate of Joseph SQUIRE – 370 Dedham Street, Newton, Barnstable Co., MA

Anne L. SQUIRE and
estate of Horace R. SQUIRE – Plainfield, Washington Co., VT

Ella L. SQUIRE and
estate of Horace H. SQUIRE – 43 Stowe Street, Waterbury, Washington Co., VT

Hiland Lockwood SQUIRE and
estate of Horace H. SQUIRE – 2314-11 Street, Troy, Rensselaer Co., NY

Estate of Esther A. SQUIRE – c/o Lawrence W. ADAMS, 3 North Hudson Street, Boston, Suffolk Co., MA

Estate of Bessie L. ADAMS – c/o James E. BAGLEY, Jr., Exr., 50 State St., Boston, Suffolk Co., MA

Lawrence W. ADAMS – 3 North Hudson St., Boston, Suffolk Co., MA

Ralph ADAMS – Box 175, South Freeport, Cumberland Co., ME

Henry S. ADAMS – 185 Lexington Avenue, New York, New York Co., NY

Jane E. NOBLE – Wellington Hts Rd., Avon, Hartford Co., CT

Charles J. ADAMS – Bunnell Road, Colebrook, Litchfield Co., CT

Estate of Rollin M. SQUIRE

Katherine S. LANGMAID and
estate of George W. SQUIRE – c/o Vernon Junior College, Newport, Newport Co., RI

Muriel S. CODY and
estate of George W. SQUIRE – East Wind, Pembroke, Plymouth Co., MA

Elizabeth Wyeth MOORE and
estate of George W. SQUIRE – 25 Grant Avenue, Amsterdam, Montgomery Co., NY

Estate of Helen S. CURTIS and
estate of Frank O. SQUIRE – c/o Frederick H. CURTIS, Dover, Norfolk Co., MA

Caroline E. ABBEY and
estate of John Adams SQUIRE – Box 5, Palo Alto, Santa Clara Co., CA

Ruth S. BEAVER and
estate of John Adams SQUIRE – Box 5, Palo Alto, Santa Clara Co., CA

Helen R. KERR and
estate of John Adams SQUIRE – Box 5, Palo Alto, Santa Clara Co., CA

Paul Chapin SQUIRE and
estate of Fred Fultz SQUIRE – 207 Ave. de la Lanterne, Nice, France

Estate of Reginald T. SQUIRE – 1103 DeWitt Drive, Orlando, Orange Co., FL

Jennie C. ELLIS and
estate of Jennie C. COOKE – 1933-22nd Ave. North, St. Petersburg, Pinellas Co., FL

Mary Pomeroy HERBERT and
Estate of Mary Squire WYMAN – Ellendale, Sussex Co., DE

Margaret Wyman HARTLE and
estate of Mary Squire WYMAN – 2841 Santa Fe, Corpus Christi, Nueces Co., TX

Estate of Kate I. MULLER and
estate of William A. MULLER – c/o Old Colony Trust Co., and Marion C. MULLER, Trustees, 1 Federal Street, Boston, Suffolk Co., MA

Gardner G. Sloan and
Estate of Nannie K. HILL - 1 Story Street, Cambridge, Middlesex Co., MA

Frederick W. HILL and
estate of Nannie K. HILL – 15 Oxford St., Arlington, Middlesex Co., MA

Irving Sylvester HILL and
estate of Nannie K. HILL - Box 133, Main Street, Warner, Merrimack Co., NH

Foster HOLMES and
estate of Bessie E. HOLMES – 11 Ladue Lane, St. Louis, St. Louis Co., MO

William S. HOLMES and
estate of Bessie E. HOLMES – 2 Creekside Lane, St. Louis, St. Louis Co., MO

Your petitioner further represents as follows:

1. That on June 17, 1963, Bessie L. ADAMS, the principal life tenant under said trust, deceased and that with reference to her death the will of the testator provides as follows:

"After the death of said niece, Bessie L. ADAMS, if she shall leave issue living, the principal of said trust estate shall be divided as follows, to wit:
A. One third part thereof shall be paid to her children, share and share alike;
B. One third part thereof shall be paid to my brother, Horace R. SQUIRE;
C. One third part thereof shall be paid to my late husband’s two sisters and three brothers, share and share alike, namely:
a. Lentha L. BUTLER, wife of George I. BUTLER, of Battle Creek, in the state of MI
b. Martha Lucretia LOCKWOOD-RIDER, wife of Stephen RIDER, of New Salem in the County of Morton and state of ND
c. Ransom G. LOCKWOOD, of St. Helena in the state of CA
d. William LOCKWOOD, of Martinsburg in the state of NE
e. Martin LOCKWOOD, of said Martinsburg in the state of NE

If any of the said sisters and brothers of my late husband shall not be living at the time of the distribution of said trust estate,
<sum> One third part thereof shall be divided among the survivors of them, share and share alike, except that in case said Ransom G. LOCKWOOD shall not then be living, but his wife Aurora B. LOCKWOOD, shall be living, she shall receive the amount to which he would have been entitled, if living.

If said niece (Bessie L. ADAMS) shall die leaving no issue, said Trustee shall divide the principal of said trust estate as follows:
A. One half part thereof shall be paid to said Horace R. SQUIRE
B. One half shall be paid to the aforesaid sisters and brothers of my late husband, share and share alike or to the survivors of them, with the same exception above stated in relation to the share of Ransom G. LOCKWOOD."

2. That said Bessie L. ADAMS did in fact leave living issue surviving her.

3. That she (Bessie L. ADAMS) was survived by three sons:
<sum> Lawrence W. ADAMS
<sum> Henry ADAMS, Jr. and
<sum> Ralph ADAMS and that a fourth son.
<sum> Charles J. ADAMS predeceased her, but left 2 children:
<sum> A son, Charles J. ADAMS, Jr. and
<sum> A daughter, Jane E. NOBLE, both of whom survived said Bessie (Bessie L. ADAMS)
That your petitioner is uncertain to whom and in what manner the One-third part designated for the children of said Bessie (Bessie L. ADAMS) should be distributed.

4. That the testator’s bother, Horace R. SQUIRE, died intestate in 1898 having survived the testator who died in 1896, and being survived by a widow, Luella S. SQUIRE (later PERRY) and three children:
<sum> Anne SQUIRE
<sum> Hiland Lockwood SQUIRE
<sum> Horace H. SQUIRE
and that your petitioner is uncertain to whom and in what manner the One-third part designated for said brother should be distributed.

5. That all of the beneficiaries named to take the final One third part upon the death of said Bessie (Bessie L. ADAMS), namely the two sisters and three brothers of the testator’s husband and Aurora LOCKWOOD, wife of the brother, Ransom G. LOCKWOOD, died before the said Bessie (Bessie L. ADAMS), the last survivor of said beneficiaries being William LOCKWOOD who died in 1907, leaving numerous issue. That your petitioner is uncertain to whom ad in what manner the One-third part designated for said beneficiaries should be distributed.

6. That certain income received by your petitioner after the death of said Bessie L. ADAMS, was accrued during periods commencing prior to her death, as shown on the eleventh account of your petitioner as Trustee and your petitioner is uncertain to whom and in what manner said income should be distributed.

WHEREFORE YOUR PETITIONER PRAYS
1. That you petitioner be instructed and a binding determination made by the Honorable Court as to the persons entitled to receive distributions of principal under said trust and the manner and proportions of such distribution.
2. That your petitioner be instructed and a binding determination made by the Honorable Court as to the persons entitled to receive distributions of income under said trust and the manner and proportions of such distributions.
3. For such other further orders and instructions as to the Honorable Court may seem met and proper.

Dated this day of June 1964.
Blank where the signature of trustee is supposed to be.
-----------------------

Commonwealth of Massachusetts
Probate Court
Middlesex, ss.
August 6, 1964

To Ruth Stetson MICK of Newton,
Gardner G. SLOAN of Cambridge and
Frederick W. HILL of Arlington in said County of Middlesex;
Lawrence W. ADAMS of Boston in the County of Suffolk;
Muriel S. CODY of Pembroke in the County of Plymouth;

Ralph ADAMS of South Freeport in the State of ME;

Irving Sylvester HILL of Warner in the State of NH;

Anne L. SQUIRE of Plainfield and
Ella L. SQUIRE of Waterbury in the State of VT;

Katherine S. LANGMAID of Newport in the State of RI;

Jane E. NOBLE of Avon and
Charles J. ADAMS, Junior of Colebrook in the State of CT;

Hiland Lockwood SQUIRE of Troy,
Elizabeth Wyeth MOORE of Amsterdam and
Henry S. ADAMS of New York in the State of NY;

Mary Pomeroy HERBERT of Ellendale in the State of DE;

Foster HOLMES and
William S. HOLMES of St. Louis in the State of MO;

Jennie C. ELLIS of St. Petersburg in the State of FL;

Carl PERLEY of Cleveland in the State of OH;

Glee E. LOCKWOOD,
Glenn B. LOCKWOOD and
Geneva BAUER of Sioux City and
Edith L. KNUTH of Algona in the State of IA;

Glen Lockwood FOOTE and
Vera Violet LeMAY-CURIE of Denver in the State of CO;

Percy Ole LOCKWOOD of Allen and
Marion Russell LOCKWOOD of South Sioux City in the State of NE;

Earl B. KEPFORD of Renner in the State of SD;

Howard LeMAY of Lemon Grove,
Gladys HODGES of Mill Valley,
Caroline E. ABBEY,
Ruth S. BEAVER and
Helen R. KERR of Palo Alto in the State of CA;

Dudley Aca LOCKWOOD of Lebanon in the State of OR;

Margaret Wyman HARTLE of Corpus Christi in the State of TX;

Paul Chapin SQUIRE of Nice, France;

The estates of Esther A. SQUIRE and
Mary Squire WYMAN late of Cambridge, MA deceased;

The estates of Bessie L. ADAMS,
Frank O. SQUIRE,
Fred Fultz SQUIRE,
Kate I. MULLER,
William A. MULLER and
Nannie K. HILL late of Arlington, deceased;

The estates of Joseph SQUIRE and
Jennie C. COOKE late of said of Boston, deceased;

The estates of Horace H. SQUIRE and
Ella L. SQUIRE late of Waterbury, deceased;

The estate of Horace R. SQUIRE late of Weathersfield in said VT, deceased;

The estate of Rollin M. SQUIRE late of said NY, deceased;

The estate of Reginald T. SQUIRE late of Orlando in said FL, deceased;

The estates of Lottie S. LOCKWOOD late of said Sioux City and
Zula LOCKWOOD-KEPFORD late of Hawarden in said IA, deceased;

The estate of George W. SQUIRE late of Chicago in the State of IL, deceased;

The estate of Alonzo Lincoln LOCKWOOD late of Buena Vista in said CO, deceased;

The estate of Bessie E. HOLMES late of Minneapolis in the State of Minnesota, deceased;

The estates of William LOCKWOOD late of Wakefield and
Martin Russell LOCKWOOD late of Allen in said NE, deceased;

The estates of Ida G. LOCKWOOD and
Lyman G. LOCKWOOD late of Huron and
Eldon KEPFORD late of Sioux Falls in said SD, deceased;

The estate of John Adams SQUIRE late of said Palo Alto, CA deceased;

The estate of Alden E. LOCKWOOD late of Waco in said TX, deceased;

The estate of Victor Hillis LeMAY late of Parts Unknown, deceased.

A petition has been presented to said Court by Horace H. SQUIRE as he is trustee under the will of Bessie Squire LOCKWOOD late of said Cambridge, deceased, representing that by the terms of her will said textatrix bequeathed a life estate in certain property to Bessie L. ADAMS, with remainders over; that said petitioner is in doubt as to whom and in what proportion and remainders and certain accumulated income are distributable; and praying for instructions of said Court as to whom and in what proportion said remainders and said accumulated income are distributable.

If you desire to object thereto you or your attorney should file I said Court at Cambridge a written appearance and answer or other legal pleading, within twenty-one days after the sixteenth day of October 1964, the return day of this citation.

Witness, John C. Leggat, Esquire, First Judge of said Court, this sixth day of August 1964.
John V. Harvey: Register

It is ordered that notice of said proceeding be given by delivering or mailing by registered or certified mail a copy of the foregoing citation, to all persons interested, two months at least before said return day; and, if service be made by registered or certified mail, unless it shall appear that all persons interested have received actual notice, by publishing a copy thereof once in each week for three successive weeks in the Cambridge Chronicle-Sun a newspaper published in said Cambridge the last publication to be one day at least before said return day.

Witness, John C. Leggat, Esquire, First Judge of said Court, this sixth day of August 1964.
John V. Harvey: Register

------------------

Commonwealth of Massachusetts
Probate Court
Middlesex, ss.
August 7, 1964

To all persons interested in the trust estate under the will of Bessie Squire LOCKWOOD late of Cambridge in said County, deceased, for the benefit of Bessie L. ADAMS and others.

The trustee of said estate has presented to said Court for allowance his ninth to eleventh accounts inclusive.

If you desire to object thereto you or your attorney should file a written appearance in said Court at Cambridge before ten o’clock in the forenoon on the sixteenth day of October 1964, the return day of this citation.

Witness, John C. Leggat, Esquire, First Judge of said Court, this seventh day of August 1964.
John V. Harvey: Register

It is ordered that notice of said proceeding given by delivering or mailing by registered or certified mail a copy of the foregoing citation thirty days at least before said return day to all persons entitled to notice by delivery or registered or certified mail under G.L. (ter. Ed.) Ch. 206, Sec 24, and unless it shall appear that all persons interested have received actual notice, by publishing a copy thereof once each week for three successive weeks in the Cambridge Chronicle a newspaper published in Cambridge, the last publication to be one day at least before said return day.

Witness, John C. Leggat, Esquire, First Judge of said Court, this seventh day of August 1964.
John V. Harvey: Register

----------

Commonwealth of Massachusetts
Probate Court
Middlesex, ss.
May 24, 1967

At a Probate Court held at Cambridge, in afore said County of Middlesex on the 24th day of May 1967.

On the petition in equity of Horace H. SQUIRE, Trustee under the will of Bessie Squire LOCKWOOD, petitioner against Lawrence W. ADAMS et all, respondents, praying for instructions.

It appearing that notice according to the order of the Court has been given to all parties interested, that said petition has been taken pro cofesso as to all parties not appearing, and that all parties appearing have consented hereto,

After hearing and consideration, the Court order and decrees:
1. The life tenant, Bessie L. ADAMS, having in fact left issue surviving her the trustee shall, after proper deductions and expenses, distribute the remaining trust assets in the following manner:

A. The trustee shall distribute One third therof in equal shares to the children of said Bessie L. ADAMS living at her death, namely:
<sum> Lawrence W. ADAMS
<sum> Ralph ADAMS and
<sum> Henry S. ADAMS.

B. The trustee shall distribute One third thereof designated by the Testator (Bessie Squire LOCKWOOD) for her brother, Horace R. SQUIRE, in equal shares to his son Hiland Lockwood SQUIRE, now living, to the legal representative of the estate of his daughter Anne I. SQUIRE, and to Ellen SQUIRE, widow and sole legatee under the will of Horace H. SQUIRE, deceased son of said Horace R. SQUIRE.

C. The gift under Article 5th of the Testator’s (Bessie Squire LOCKWOOD’s) will of One third of the remainder made to the two sisters and three brothers of the testator’s (Bessie Squire LOCKWOOD’s) deceased husband, having lapsed by reason of the death of the last survivor (William LOCKWOOD) thereof in 1907 and fifty-six years prior to the death of the life tenant (Bessie L. ADAMS), and an intestacy having resulted thereby, the Trustee shall distribute said One third in forty-five equal units to the following interests which are hereby determined to be entitled thereto in the following proportions, namely:
C-1. Nine units to the estate of Joseph SQUIRE, surviving brother of the testator (Bessie Squire LOCKWOOD);

C-2. Three units to Hiland Lockwood SQUIRE, son of Horace R. SQUIRE who was a surviving brother of the testator (Bessie Squire LOCKWOOD);

C-3. Three units to the legal representatives of the estate of Anne I. SQUIRE, deceased daughter of said Horace R. SQUIRE.

C-4. Three units to Ellen SQUIRE, widow and sole legatee under the will of Horace H. SQUIRE, deceased son of said Horace R. SQUIRE.

C-5. Nine units to the estate of Esther A. SQUIRE, surviving sister of the testator (Bessie Squire LOCKWOOD).

C-6. Nine units to the estate of J. Rollin Marble SQUIRE, sole issue of James Carter SQUIRE, a brother predeceasing the testator.

C-7. One unit to the following estates of persons each of whom was a nephew or niece surviving the testator (Bessie Squire LOCKWOOD) and taking by right of representation under their father, John Peter SQUIRE, a brother predeceasing the testator, viz:
<sum> Estate of George SQUIRE
<sum> Estate of Frank C. SQUIRE
<sum> Estate of John A. SQUIRE
<sum> Estate of Fred Fultz SQUIRE
<sum> Estate of Jennie C. COOKE
<sum> Estate of MARY E. WYMAN
<sum> Estate of Kate I. MULLER
<sum> Estate of Nannie K. HILL
<sum> Estate of Bessie E. HOLMES

D. With respect to any interest occurring through the intestacy set fourth in paragraph C above, the Trustee is authorized to accomplish distribution thereo by depositing such interest in a savings account with a mutual savings bank or savings and loan association having its principal office in the Commonwealth of Massachusetts in the name of the First Judge of Probate for the County of Middlesex for the benefit of the estate entitled thereto and to file in this Court the original evidence of such deposit.

2. That income received by the Trustee in the form of dividends to stockholders of record prior to the death of the life tenant, Bessie L. ADAMS, although received after her death, shall be distributed on the basis of Five hundred dollars to the living issue of Horace R. SQUIRE taking by right of representation, and the balance thereof to the legal representatives of said Bessie L. ADAMS; and income received by the Trustee for interest covering a period within which the death of said Bessie L. ADAMS occurred shall be apportioned between the estate of said Bessie L. ADAMS and the remainder interests as of the date of her death.

3. A termination charge in addition to charges of ordinary administration of the trust may be allowed to the Trustee in the sum of twenty-five hundred dollars.

4. Fees not to exceed $3500 in the aggregate may be allowed to Kleber A. Campbell, Jr., Counsel for the Trustee, for legal services rendered after December 31st, 1963 and including the completed distribution of the trust and the preparation of the Trustee’s final account.

s/ Joseph W. Monahan
Judge of Probate Court


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