Fleet National Bank v. Marquis

*1011Fleet National Bank, sole trustee of the Martha Ely Marquis Trust, commenced this action in the Probate and Family Court, seeking declaratory relief and reformation of a trust instrument. Fleet seeks to divide the entire trust into two separate but identical subtrusts as a means of minimizing Federal generation-skipping transfer (GST) taxes. The defendants, beneficiaries of the trust, have assented to the relief sought.3 The relevant facts are not in dispute. A judge in the Probate Court reported the case to the Appeals Court. We granted Fleet’s application for direct appellate review.

The…