Florez v. Florez

This case, in which the parties seek to reform a testamentary trust, is before the court on the grant of a joint application for direct appellate review after being reported to the Appeals Court by the Probate and Family Court.

Hilda E. Gibson executed a will in 1980 that created two trusts, a marital trust for the benefit of her husband, William Gibson, and a family trust for the benefit of her daughter, Caroline Florez, and Hilda’s grandchildren, Frederick Brittain, Sarah Florez and Albert Florez. Specifically, the will stated:

“If my husband William survives me by thirty (30) days, the rest…