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SHAMBAN v. MASIDLOVER

429 Mass. 50 (1999)

STEPHEN E. SHAMBAN, trustee, v. PHYLLIS A. MASIDLOVER.

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 1999.

Attorney(s) appearing for the Case

Ann Brennan for the plaintiff.

Shaun M. Ellis for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

The United States District Court for the District of Massachusetts has certified two questions to this court, concerning whether an attempt to create an estate of homestead is rendered invalid by a debtor's failure to comply with the express statutory requirements under G. L. c. 188, § 1A, when the declaration is filed.2 We conclude that the debtor's attempt to create an estate of homestead is invalid under § 1A,...

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