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DICARLO v. MAZZARELLA

430 Mass. 248 (1999)

DAVID E. DICARLO & another, trustees, v. DEBRA E. MAZZARELLA & others.

Supreme Judicial Court of Massachusetts, Middlesex.

October 13, 1999.

Attorney(s) appearing for the Case

A. Silvana Giner & Kimberly E. Cohen for the plaintiffs.

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

ABRAMS, J.

The plaintiffs, trustees of the Dino Realty Trust (trust), filed a complaint in the Probate and Family Court for reformation of the trust created by the late Dino DiCarlo.4 The plaintiffs allege that, due to a scrivener's error, the trust language is ambiguous and as a result 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...

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