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FIRST NATIONAL BANK OF BOSTON v. ALOISI

20 Mass. App. Ct. 613 (1985)

481 N.E.2d 1189

THE FIRST NATIONAL BANK OF BOSTON, trustee, vs. PETER ALOISI, guardian.

Appeals Court of Massachusetts, Suffolk.

August 16, 1985.

Attorney(s) appearing for the Case

George Marshall Moriarty (Steven A. Kaufman with him) for the plaintiff.

Ralph R. Bagley (Frances Blaum-Naughton with him) for guardian ad litem.

Present: ARMSTRONG, KAPLAN, & KASS, JJ.

KASS, J.

Upon the objection of a guardian ad litem to an account filed by The First National Bank of Boston, as trustee of a common bond fund, a Probate Court judge surcharged the bank $205,326 on the ground that it had imprudently sold bonds in the trust fund's portfolio. The bank has appealed. We are of opinion that the bank acted with reasonable prudence and reverse the Probate Court's judgment.

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