SIMMONS v. SMITH


20 Mass. App. Ct. 775 (1985)

482 N.E.2d 887

RICHARD SIMMONS vs. BARBARA SMITH.

Appeals Court of Massachusetts, Bristol.

September 18, 1985.


Attorney(s) appearing for the Case

Donald J. Fleming for the defendant.

Charles A. Murray, III, for the plaintiff.

Present: PERRETTA, KAPLAN, & KASS, JJ.


PERRETTA, J.

Central to the various claims asserted in the pleadings of the parties, brother and sister, is the issue whether their mother and father, both deceased, held title to certain premises located in New Bedford as beneficial owners or as trustees for the brother. This question whether "[t]here did exist a resulting trust in favor of" the brother was put to a jury and, upon their affirmative response, judgment...

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