Legal Opinion

State Street Bank & Trust Co. v. Reiser

Massachusetts Appeals Court

Decided May 23, 1979PublishedCited by 61 opinions

1Opinion of the CourtKass, J.

State Street Bank and Trust Company (the bank) seeks to reach the assets of an inter vivos trust in order to pay a debt to the bank owed by the estate of the settlor of the trust. We conclude that the bank can do so.

The probate judge found the material facts, and, although the evidence is reported, we accept his findings if not clearly erroneous. Kaplan v. School Comm. of Melrose, 363 Mass. 332, 335 (1973). Olsson v. Waite, 373 Mass. 517, 520 (1977). We summarize those findings.

Wilfred A. Dunnebier created an inter vivos trust on September 30, 1971, with power to amend or revoke the trust and…

2Cases cited22 opinions

  1. National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
  2. Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
  3. Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
  4. Clapp v. IngrahamMassachusetts Supreme Judicial Court · 1879
  5. Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882

17 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
  2. In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
  3. Nile v. NileMassachusetts Supreme Judicial Court · 2000
  4. First National Bank v. Judge Baker Guidance CenterMassachusetts Appeals Court · 1982
  5. Vanderbilt Credit Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984

56 more not listed; retrieve them via the Exa API.

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