Berman v. Sandler

This is an action to reform a written trust agreement brought by the trustees of a trust created by the late Ellen B. Sandler. The defendants, beneficiaries under the trust, are the settlor’s husband, named both in his individual capacity and as executor of the settlor’s will, and their two minor children. A guardian ad litem was appointed to represent the interests of the minor children and those persons not yet in being who may become interested in the trust. Pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974), a judge of the Probate and Family Court Department of the Trial Court reserved…