Steele v. Kelley

Laurence, J. A.

Procedural background. On June 15, 1994, Walter E. Steele commenced the underlying suit, in his capacity as a beneficiary of the Chatham’s Comer Tmst (CCT), against Gerald E Kelley, both individually and in his capacity as sole trustee of the CCT. The sole asset of the CCT was a parcel of rentable commercial real estate in downtown Boston (premises), which was registered land. Steele alleged (in an unverified amended complaint) that, as CCT trustee, Kelley had, since late 1992, refused to give the other beneficiaries an accounting, despite their demands; had mortgaged trust…