COLLIER v. NAPIERSKI


357 Mass. 516 (1970)

258 N.E.2d 789

RHONDA COLLIER & others vs. STANLEY NAPIERSKI, administrator, & others.

Supreme Judicial Court of Massachusetts, Essex.

May 12, 1970.


Attorney(s) appearing for the Case

William F. O'Shea for the respondents.

Marvin R. Finn for Rhonda Collier (Joseph W. Hawes, for Thomas Kaloust, with him).

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

The petitioners bring this petition in equity for declaratory relief to establish that Alan J. Napierski's interest in the Arthur-Alan Realty Trust did not terminate on his death, "but became an interest available to his estate to be used ... for the best interest of his estate, creditors or anyone else having an interest in said estate." They seek to enjoin the respondent John Napierski from "terminating, disposing of or ... destroying said trust except...

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