THE MASSACHUSETTS CO., INC. v. BERGER


1 Mass. App. Ct. 624 (1973)

305 N.E.2d 123

THE MASSACHUSETTS COMPANY, INC., trustee, vs. SIDNEY E. BERGER & others.

Appeals Court of Massachusetts, Suffolk.

December 26, 1973.


Attorney(s) appearing for the Case

Philip R. White (Philip R. White, Jr., with him) for Sidney E. Berger & others.

William J. Cheeseman for Martin Berger & others.

Present: HALE, C.J., ROSE, KEVILLE, GOODMAN, & ARMSTRONG, JJ.


ARMSTRONG, J.

This petition for instructions was brought by the trustee of two revocable inter vivos trusts located in Massachusetts and expressly made subject to administration in accordance with the laws of Massachusetts. The settlor, who was a Florida domiciliary, was declared incompetent by a Florida court, which appointed a Florida guardian, and which directed the guardian to "do such acts or execute such documents as may be necessary" to exercise the settlor...

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