- 6 - John died on March 10, 1955, and his 74 shares passed through his residuary estate to the John F. Haffner Trust (John’s Trust). John’s Trust benefited his and Emma’s five grandchildren (the grandchildren); namely (in order from oldest to youngest), Haff, Jolyne H. Boyle (Jolyne), John Haffner Fournier (JH), Susan H. Baker-Spruce (Susan), and Richard Haffner Fournier (Richard). John’s Trust provided that its principal and accumulated income would be distributed in equal amounts to each living grandchild when the youngest grandchild turned 21. Richard, the youngest grandchild, turned 21 on February 20, 1965. John’s will provided that he had “purposely omitted a direct bequest to my daughter, Louise H. Fournier, because of provisions made for her during my lifetime” (e.g., his transfer to her of a majority of petitioner’s shares). John intended through his testamentary scheme that Louise would be petitioner’s majority shareholder and that each grandchild would be a minority shareholder. Louise and her husband, Emile, were named in John’s will as executors of John’s estate, and they were formally appointed to that position by the Probate and Family Court Department of the Commonwealth of Massachusetts (probate court). Louise and Emile also were named trustees of John’s Trust. On December 20, 1956, petitioner recapitalized, doubling the number of voting shares held by each shareholder and issuing to each shareholder an additional 4 nonvoting shares for each votingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011