Legal Opinion

Sheinkopf v. Bornstein

Massachusetts Supreme Judicial Court

Decided March 4, 2005PublishedCited by 3 opinions

1Opinion of the Court

*1013The trustees of the Louis Bornstein Family Trust commenced this action in the Probate and Family Court. They seek reformation of the trust instrument so that a portion of the trust would qualify for the Federal estate tax marital deduction; specifically, to amend Article Fourth of the trust to allow a trust for Anne Bornstein, Louis Bornstein’s widow, to qualify for the marital deduction. The trustees allege that the trust as written does not give effect to the settlor’s intent to provide his wife “with the quality of life which she presently enjoys,” because the trust does not now qualify…

2Cases cited4 opinions

  1. Walker v. WalkerMassachusetts Supreme Judicial Court · 2001
  2. BankBoston v. MarlowMassachusetts Supreme Judicial Court · 1998
  3. DiCarlo v. MazzarellaMassachusetts Supreme Judicial Court · 1999
  4. Pond v. PondMassachusetts Supreme Judicial Court · 1997

3Cited by3 opinions

  1. Ryan v. RyanMassachusetts Supreme Judicial Court · 2006
  2. Booth v. KornegayMassachusetts Supreme Judicial Court · 2008
  3. Breakiron v. GudonisMassachusetts Supreme Judicial Court · 2008

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