Kirschbaum v. Wennett

Plaintiff, Nancy Kirschbaum (“Kirschbaum”), brought an action against Richard Wennett, Evelyn Ferngold, and Charles Press2 (collectively, the “Defendants”), seeking a declaration that an amendment to the trust at issue is invalid (Count I). Alternatively, if the amendment is valid, then Plaintiff alleges a breach of contract (Count II) and also such recovery based on quantum meruit (Count III).

The Defendants have moved, pursuant to Mass.R.Civ.P. 56, for summary judgment on all counts, and the Plaintiff has moved for summary judgment as to Count I.3 For the reasons set forth below, the…