Hutchings v. City of Gardner

Kenton-Walker, Janet, J.

The defendants move the court to dismiss the complaint of the plaintiff, Frederick Hutchings (“plaintiff’), trustee of R A Realty Trust (“Trust”), which asserts six claims arising out of the defendants’ alleged wrongful conduct in cariying out their official duties.

The defendants first argue that the plaintiff may not represent the Trust pro se because he is not an attorney. The court agrees. While neither party cites any case explicitly addressing whether non-attorney trustees can or cannot litigate pro se on behalf of trusts, the Supreme Judicial Court has stated,…