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WASSERMAN v. COHEN

414 Mass. 172 (1993)

606 N.E.2d 901

ELAINE WASSERMAN vs. DAVID E. COHEN, trustee.

Supreme Judicial Court of Massachusetts, Middlesex.

January 13, 1993.

Attorney(s) appearing for the Case

Keith L. Hughes for the plaintiff.

Sharon R. Burger (James N. Boudreau with her) for the defendant.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

LYNCH, J.

This appeal raises the question whether the doctrine of ademption by extinction applies to a specific gift of real estate contained in a revocable inter vivos trust. The plaintiff, Elaine Wasserman, brought an action for declaratory judgment in the Middlesex Division of the Probate and Family Court against the defendant, David E. Cohen (trustee), as he is the surviving trustee of a trust established by Frieda M. Drapkin (Drapkin). In her complaint the plaintiff...

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