Rudow v. Fogel

This dispute is the sequel to Rudow v. Fogel, 376 Mass. 587 (1978), and involves a parcel of real estate located in Rockport, Massachusetts, which has been the subject of litigation since the death of the plaintiff s mother in 1963. 2 The principal issue in this appeal is what law should Massachusetts apply in determining whether the defendant, the plaintiffs uncle, holds the property in con structive trust for the plaintiff. The trial judge found that the property was transferred to the defendant in New York on an oral trust at a time when the plaintiff, his mother, and the defendant were…