Smith v. Smith

Tucker, Richard T., J.

I. INTRODUCTION

This action arises from the termination of the D&S Real Estate Trust (“the trust") by one of its trustees, Frederick D. Smith (“Frederick”). Douglas, Stuart, Derrick, Rebecca, and Robert Smith, along with the estate of Shaw Smith (“the plaintiffs”) assert claims against Frederick for breach of fiduciary duty, indemnification, and seeking a declaratory judgment. Before the court is Frederick’s Motion to Dismiss and for Damages under G.L.c. 231, §6F and Mass.R.Civ.P. 11. For the reasons that follow, that motion will be allowed in part and denied in part.

II.…