Papale-Keefe v. Altomare

After a jury-waived trial, the judge concluded that the plaintiff’s claim to a beneficial interest in a Massachusetts business trust bequeathed to her under her husband’s will was defeated by her husband’s earlier transfer *309of that interest to an inter vivos trust. Other related claims of the plaintiff were also denied. For the reasons discussed below, we reverse the judgment.

The material facts, either found by the judge or undisputed, are these. On January 1, 1972, Nicholas Papale (Papale) and his mother Teresa Papale (Teresa) established the Papale Realty Trust (the Realty Trust) to which…