DiCarlo v. Mazzarella

The plaintiffs, trustees of the Dino Realty Trust (trust), filed a complaint in the Probate and Family Court for reformation of the trust created by the late Dino DiCarlo.4 The plaintiffs allege that, due to a scrivener’s error, the trust language is ambiguous and as a result the declaration of trust fails to give effect to the settlor’s intent. At the request of the parties, a Probate Court judge reserved and reported the case to the Ap*249peals Court. See G. L. c. 215, § 13; Mass. R. Civ. R 64, 365 Mass. 831 (1974). We granted the plaintiffs’ application for direct appellate review. See…