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CHASE v. PEVEAR

383 Mass. 350 (1981)

419 N.E.2d 1358

JOHN P. CHASE, trustee, vs. ALICE B. PEVEAR & others.

Supreme Judicial Court of Massachusetts, Essex.

April 9, 1981.

Attorney(s) appearing for the Case

Edward R. Lev (Harvey E. Bines with him) for John P. Chase, trustee.

Raymond H. Young & James D. St. Clair for the guardian ad litem.

John Clarke Kane for Alice B. Pevear & others.

Catharine W. Hantzis, Assistant Attorney General, for the Attorney General.

Weld S. Henshaw for Museum of Fine Arts.

Nicholas U. Sommerfeld, Peter M. Saparoff & Susan E. Johnson, for The Investment Counsel Association of America, Inc. & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.

BRAUCHER, J.

The trustee of a testamentary trust appeals from a judgment and orders of the Probate Court removing him as trustee, surcharging him in the amount of $119,902.04, plus interest, denying his claim for fees and expenses, and ordering him personally to pay fees and expenses of adverse parties in the amount of $107,896.71. The appeal presents important questions with respect to the application of the "prudent man rule" of Harvard College v. Amory...

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