Legal Opinion
Shamban v. Masidlover
Massachusetts Supreme Judicial Court
Decided February 19, 1999PublishedCited by 49 opinions
1Opinion of the CourtIreland, J.
The United States District Court for the District of Massachusetts has certified two questions to this court, concerning whether an attempt to create an estate of homestead is rendered invalid by a debtor’s failure to comply with the express statutory requirements under G. L. c. 188, § 1A, when the declaration is filed.2 We conclude that the debtor’s attempt to create an estate of homestead is invalid under § 1A, but is valid under G. L. c. 188, § 1.
1. Facts. We summarize the agreed facts. In February, 1968, Phyllis A. Masidlover (debtor) acquired a principal place of residence as a tenant by…
2Cases cited9 opinions
- Attorney General v. School Committee of EssexMassachusetts Supreme Judicial Court · 1982
- Dwyer v. CempellinMassachusetts Supreme Judicial Court · 1996
- White v. City of BostonMassachusetts Supreme Judicial Court · 1998
- Voice Technologies Group, Inc. v. Vmc Systems, Inc.Court of Appeals for the Federal Circuit · 1999
- Burrows v. BurrowsSupreme Court of Oklahoma · 1994
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3Cited by49 opinions
- Garran v. SMS Financial V, LLC (In Re Garran)Court of Appeals for the First Circuit · 2003
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- Shamban v. PerryBankruptcy Appellate Panel of the First Circuit · 2006
- Khan v. Bankowski (Khan)Bankruptcy Appellate Panel of the First Circuit · 2007
- Hildebrandt v. Collins (In Re Hildebrandt)Bankruptcy Appellate Panel of the First Circuit · 2005
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