Legal Opinion

Gershaw v. Gershfield

Massachusetts Appeals Court

Decided July 13, 2001No. 98-P-1410PublishedCited by 7 opinions

1Opinion of the CourtDuffly, J.

Burton C. Gershfield appeals from a decree entered in the Probate and Family Court on a complaint for instructions brought by Scott O. Gershaw, as trustee of the Samuel Gersh-field Family Trust of 1987 (trust), and from the dismissal of his counterclaim. We decide that the judge’s modification of the trust terms in several material respects constituted error of law and that the counterclaim should not have been summarily dismissed. Accordingly, we vacate the judgment and remand for further hearing and entry of orders consistent with this opinion.

The complaint for instructions was filed in the…

2Cases cited29 opinions

  1. Superintendent of Belchertown State School v. SaikewiczMassachusetts Supreme Judicial Court · 1977
  2. Cormier v. CartyMassachusetts Supreme Judicial Court · 1980
  3. Blanchette v. BlanchetteMassachusetts Supreme Judicial Court · 1972
  4. Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
  5. Walker v. WalkerMassachusetts Supreme Judicial Court · 2001

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3Cited by7 opinions

  1. Guardianship of PollardMassachusetts Appeals Court · 2002
  2. Guardianship of ZaltmanMassachusetts Appeals Court · 2006
  3. In re E.P.Massachusetts Appeals Court · 2017
  4. Morton v. PottsMassachusetts Appeals Court · 2003
  5. Schwalm v. SchwalmMassachusetts Appeals Court · 2023

2 more not listed; retrieve them via the Exa API.

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