Legal Opinion
Marsman v. Nasca
Massachusetts Appeals Court
Decided June 28, 1991No. 89-P-1411PublishedCited by 10 opinions
1Opinion of the CourtDreben, J.
This appeal raises the following questions: Does a trustee, holding a discretionary power to pay principal for the “comfortable support and maintenance” of a beneficiary, have a duty to inquire into the financial resources of that beneficiary so as to recognize his needs? If so, what is the remedy for such failure? A Probate Court judge held that the will involved in this case imposed a duty of inquiry upon the trustee. We agree with this conclusion but disagree with the remedy imposed and accordingly vacate the judgment and remand for further proceedings.
1. Facts. We take our facts from the…
2Cases cited18 opinions
- Blodget v. Delaney, CollectorCourt of Appeals for the First Circuit · 1953
- Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Akin v. WarnerMassachusetts Supreme Judicial Court · 1945
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
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3Cited by10 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Pfannenstiehl v. PfannenstiehlMassachusetts Supreme Judicial Court · 2016
- Redstone v. O'ConnorMassachusetts Appeals Court · 2007
- McDonald v. First Nat. Bank of BostonDistrict Court, D. Massachusetts · 1997
- IN THE MATTER OF THE COLECCHIA FAMILY IRREVOCABLE TRUST.Massachusetts Appeals Court · 2021
5 more not listed; retrieve them via the Exa API.