McClintock v. Scahill

The plaintiffs, John R.D. McClintock and Lawrence J. Scahill, are trustees of the Philip S. Weld revocable trust. They filed a complaint for instructions in the Probate and Family Court Department seeking a determination of the validity of a disclaimer under G. L. c. 191A (1986 ed.), by the defendant Lawrence J. Scahill, trustee of an inter vivos trust created by Philip and Ann Weld for their grandchildren (grandchildren’s trust). The Probate Court reported the case to the Appeals Court under Mass. R. Civ. P. 64, 365 Mass. 831 (1974), and we granted the plaintiffs’ application for direct…