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IN RE DLOTT

Bankruptcy No. 79-2181-L, Adv. No. 81-0819.

43 B.R. 789 (1983)

In re Theodore DLOTT, Debtor. James W. CLARK, Plaintiff, v. Herbert C. KAHN, Trustee and Theodore Dlott, Debtor, Defendants.

United States Bankruptcy Court, D. Massachusetts.

December 19, 1983.

Attorney(s) appearing for the Case

John M. Mullahy, Natick, Mass., for debtor.

Francis G. McGee, McGee & Capobianco, Natick, Mass., for plaintiff.

Herbert C. Kahn, Boston, Mass., trustee.

MEMORANDUM

THOMAS W. LAWLESS, Bankruptcy Judge.

The parties have stipulated to the following facts: On November 10, 1964, the Plaintiff, James W. Clark (Plaintiff), and the Debtor, Theodore Dlott (Debtor), by means of a declaration of trust created a real estate trust named the Nobscott Investment Trust (Trust). The Plaintiff and the Debtor were designated trustees and the beneficiaries were the Plaintiff and the Debtor and their respective spouses. Under...

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