NICKERSON v. FIDUCIARY TRUST CO.


6 Mass. App. Ct. 317 (1978)

375 N.E.2d 357

WILLIAM G. NICKERSON vs. FIDUCIARY TRUST CO. & OTHERS.

Appeals Court of Massachusetts, Suffolk.

May 8, 1978.


Attorney(s) appearing for the Case

Charles F. Choate (Melvin Miller with him) for William G. Nickerson.

Francis L. Coolidge for Fiduciary Trust Co.

John E. Rogerson, guardian ad litem, pro se.

Paul B. Sargent for Henry G. Nickerson.

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


HALE, C.J.

The plaintiff, William G. Nickerson, seeks to invalidate or alternatively to reform an irrevocable indenture of trust made by him on May 8, 1931, of which the defendant Fiduciary Trust Co. (the trustee) is presently the sole trustee, presumably on the ground that he was induced to execute the instrument through the undue influence of his mother, grandmother, and one of the original trustees. The other defendants are the plaintiff's wife, his brother, the...

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