MARSMAN v. NASCA

No. 89-P-1411.

30 Mass. App. Ct. 789 (1991)

573 N.E.2d 1025

MARGARET M. MARSMAN vs. JOHN NASCA, executor, & another.

Appeals Court of Massachusetts, Norfolk.

June 28, 1991.


Attorney(s) appearing for the Case

James A.G. Hamilton (Susan E. Stenger with him) for the plaintiff.

Leonard F. Clarkin (Harry C. Beach with him) for James F. Farr, trustee.

Robert L. Holloway (Jeffrey B. Loeb with him) for John Nasca, executor.

Present: WARNER, C.J., DREBEN, & IRELAND, JJ.


DREBEN, J.

This appeal raises the following questions: Does a trustee, holding a discretionary power to pay principal for the "comfortable support and maintenance" of a beneficiary, have a duty to inquire into the financial resources of that beneficiary so as to recognize his needs? If so, what is the remedy for such failure? A Probate Court judge held that the will involved in this case imposed a duty of inquiry upon the trustee. We agree with this conclusion but...

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