Kirchick v. Guerry

The trustee of an inter vivos trust brought a complaint for instructions under G. L. c. 215, § 6, in the Probate and Family Court as to whether a testamentary power of appointment held, but not exercised, by Rachel Matthews was created in 1931, when the trust was originally created, or at a later date when certain revisions were made to the trust. The defendants are the beneficiaries of the trust.3 On the joint request of the parties, the judge reported the case to the Appeals Court. We then granted the trustee’s application for direct appellate *216review. We conclude that the action presents no…