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POND v. POND

424 Mass. 894 (1997)

MARJORIE S. POND, trustee, v. MARJORIE S. POND, individually and as executrix, & others.

Supreme Judicial Court of Massachusetts, Worcester.

May 13, 1997.

Attorney(s) appearing for the Case

Robert S. Heppe, Jr., & Janet Wilson Moore for the trustee.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ

LYNCH, J.

The plaintiff, trustee of the Sidney M. Pond Trust 1991, a revocable trust (trust), filed a complaint in the Probate and Family Court seeking reformation of the trust. The plaintiff alleges that, due to scrivener's errors in the form of omissions and ambiguities, the declaration of trust fails to give effect to the settlor's intent. At the request of the parties a Probate Court judge reserved and reported the case to the Appeals Court pursuant to G. L. c...

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