DEWIRE v. HAVELES


404 Mass. 274 (1989)

534 N.E.2d 782

JENNIFER ANN DEWIRE & another vs. PAULA DEWIRE HAVELES, trustee, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 9, 1989.


Attorney(s) appearing for the Case

James B. Muldoon (Philip S. Olsen with him) for the plaintiffs.

Leo Sontag for the defendants.

Raymond H. Young, guardian ad litem for the minor defendants and persons unborn or unascertained.

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

This petition for a declaration of rights seeks answers to questions arising from an artlessly drafted will that, among its many inadequacies, includes a blatant violation of the rule against perpetuities. The case is before us on a reservation and report by a judge of the Probate and Family Court on a statement of agreed facts. The judge listed a large number of issues, but we shall deal with them only to the extent necessary to permit a declaration of...

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