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GAGNON v. COOMBS

No. 94-P-856.

39 Mass. App. Ct. 144 (1995)

FRANCIS W. GAGNON vs. JOAN G. COOMBS, individually and as trustee, & another.

Appeals Court of Massachusetts, Franklin.

August 23, 1995.

Attorney(s) appearing for the Case

Michael J. Rye for the plaintiff.

Michael D. Parker for the defendants.

Present: DREBEN, GILLERMAN, & LAWRENCE, JJ.

LAURENCE, J.

An agent acting pursuant to a "durable,"2 but revocable, power of attorney conveyed the principal's real property, which was subject to the power, to herself as trustee of a trust that she had created. The trust was not only irrevocable, but also gave the agent a beneficial interest in the corpus, which consisted entirely of that real property. A judge of the Superior Court...

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