B.W. v. J.W.

The plaintiff (B.W.) appeals from a judgment of the Probate and Family Court Department on the defendant’s (J.W.’s) motion for summary judgment.2 The judgment dismissed, in its entirety, B.W.’s amended complaint that sought removal of J.W. as cotrustee of the MBW 1942 Trust and the MBW 1956 Trust (trusts). We reverse.

Background. The parties are three brothers. B.W. and J.W. are cotrustees of the trusts and M.W. is the sole beneficiary of the trusts. M.W. was bom on May 8, 1938. As a result of a seizure disorder and a birth injury that left him with partial paralysis, *296M.W. received a limited…