Legal Opinion

Dwyer v. Dwyer

Massachusetts Supreme Judicial Court

Decided December 31, 2008PublishedCited by 5 opinions

1Opinion of the Court

Ruth M. Dwyer, trustee of The Dwyer Family Realty Trust (trustee and trust, respectively), commenced this action in the Supreme Judicial Court for Suffolk County, pursuant to G. L. c. 215, § 6, seeking reformation of the trust. She alleges that, because of drafting errors, the trust as written fails to give effect to one of the donor’s principal estate planning goals, that is, to transfer his property to his family while minimizing adverse tax consequences. She also seeks imposition of a resulting trust with regard to a certain parcel of real property. The complaint is supported by, among…

2Cases cited10 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Walker v. WalkerMassachusetts Supreme Judicial Court · 2001
  3. Osborne v. OsborneMassachusetts Supreme Judicial Court · 1981
  4. BankBoston v. MarlowMassachusetts Supreme Judicial Court · 1998
  5. DiCarlo v. MazzarellaMassachusetts Supreme Judicial Court · 1999

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

3Cited by5 opinions

  1. Megiel-Rollo v. MegielDistrict Court of Appeal of Florida · 2015
  2. Nickless v. Clemente (In Re Clemente)United States Bankruptcy Court, D. Massachusetts · 2009
  3. Clemente v. NICKLESSDistrict Court, D. Massachusetts · 2010
  4. Agin v. Resendes (In re Borba)United States Bankruptcy Court, D. Massachusetts · 2016
  5. Koutoukis v. Secretary of the Executive Office of Health and Human ServicesMassachusetts Land Court · 2021

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