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PAPALE-KEEFE v. ALTOMARE

No. 94-P-175.

38 Mass. App. Ct. 308 (1995)

ANITA M. PAPALE-KEEFE vs. NICHOLAS ALTOMARE, individually & as trustee.

Appeals Court of Massachusetts, Worcester.

March 29, 1995.

Attorney(s) appearing for the Case

Thomas V. Urmy, Jr., for the plaintiff.

Michael P. Angelini for the defendant.

Present: ARMSTRONG, KASS, & GILLERMAN, JJ.

GILLERMAN, J.

After a jury-waived trial, the judge concluded that the plaintiff's claim to a beneficial interest in a Massachusetts business trust bequeathed to her under her husband's will was defeated by her husband's earlier transfer of that interest to an inter vivos trust. Other related claims of the plaintiff were also denied. For the reasons discussed below, we reverse the judgment.

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