Legal Opinion
Citizens Bank v. Coleman
Massachusetts Appeals Court
Decided May 15, 2013No. 12-P-365PublishedCited by 6 opinions
1Opinion of the CourtAgnes, J.
The principal question presented by this appeal is whether the judge was correct in determining that the purported transfers of the beneficial interests in two pieces of real estate by a husband to his wife as an alleged estate planning maneuver failed and thereby gave rise to resulting trusts. We conclude that the judge was warranted in finding that at the time of the transfers the husband’s intent was to protect the two properties from his creditors, and that he did not intend to convey the beneficial interests to his wife. The combination of the husband’s intent and his wife’s tacit…
2Cases cited26 opinions
- Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Frank Cooke, Inc. v. HurwitzMassachusetts Appeals Court · 1980
- Goldston v. RandolphMassachusetts Supreme Judicial Court · 1936
- Aetna Casualty & Surety Co. v. Continental Casualty Co.Massachusetts Supreme Judicial Court · 1992
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3Cited by6 opinions
- Butler v. Wojtkun (In re Wojtkun)United States Bankruptcy Court, D. Massachusetts · 2015
- In re FrankelUnited States Bankruptcy Court, D. Massachusetts · 2014
- In re SullivanUnited States Bankruptcy Court, D. Massachusetts · 2016
- Agin v. Resendes (In re Borba)United States Bankruptcy Court, D. Massachusetts · 2016
- Desmond v. Marsha S. Green.Massachusetts Appeals Court · 2017
1 more not listed; retrieve them via the Exa API.