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Article

Day Pitney LLP | USA | 6 Oct 2011

Harootian v. Douvadjian

In Harootian v. Douvadjian, Case No. 10-P-1798 (Oct. 4, 2011), the Appeals Court addressed the question of whether certain distributions of principal from a trustee to herself, as the lifetime beneficiary of the trust, were in breach of her fiduciary duties to the remainder beneficiaries.

Article

Day Pitney LLP | USA | 29 Mar 2011

Bindman v. Parker, Shea v. Noble, MacLeod v. McManus, King v. Nazzaro

In Bindman v. Parker, Case No. SJC-10878, 2011 Mass. LEXIS 151 (Mar. 18, 2011), the Supreme Judicial Court allowed the reformation of two qualified personal residence trusts (QPRTs) to conform with the tax-saving intent of the settlors, a husband and wife.

Article

Day Pitney LLP | USA | 10 Oct 2010

Michaud v. Forcier

In Michaud v. Forcier, Case No. 09-P-392, 2010 Mass. App. LEXIS 1296 (Oct. 5, 2010), the Appeals Court affirmed a decision of the probate court reforming the schedule of beneficiaries of a nominee trust and ordering the repayment of funds withdrawn from a joint account.

Article

Day Pitney LLP | USA | 10 Aug 2010

Trust & estate litigation

Case law relating to trusts and estates is constantly evolving.

Article

Day Pitney LLP | USA | 9 Jun 2010

T&E litigation update: Redding v. Proulx and Davis v. Davis

In Redding v. Proulx, Case No. 09-P-722, 2010 Mass. App. Unpub. LEXIS 580 (June 1, 2010), a decision issued pursuant to Rule 1:28, the Appeals Court addressed the shifting of the burden of proof in an undue influence action.

Article

Day Pitney LLP | USA | 17 Mar 2010

Mannix v. Tighe, Hutchings v. City of Gardner, and Marmer v. Kaufman

Three recently reported decisions -- two of the superior court -- are worth noting briefly.

Article

Day Pitney LLP | USA | 1 Sep 2009

T&E litigation update: Pantazis v. Tsourides

Here's the latest from the Massachusetts courts.

Article

Day Pitney LLP | USA | 30 Dec 2008

Pantazis v. Fidrych

In the recently-reported decision in Pantazis v. Fidrych, Case No. 02-CV-0919, 2008 Mass. Super. LEXIS 386 (Worcester Super. Ct. Nov. 7 2008), the Superior Court addresses, among other things, its authority to remove a trustee.

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