EGGESON v. DeLUCA

Green, J.:

John and Barbara Leavey, husband and wife, executed joint contractual wills in 1987 which detailed their asset distribution plan for Barbara’s siblings and John’s children upon the death of the surviving spouse. After Barbara signed a durable power of attorney in 1997 allowing John to create a revocable trust with dispositive provisions “substantially similar” to her 1987 will, John created revocable trusts for both him and Barbara that contained virtually the same asset distribution plan to Barbara’s siblings and John’s children as their 1987 joint contractual wills. In 2002,…