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STEELE v. KELLEY

No. 97-P-1883.

46 Mass. App. Ct. 712 (1999)

WALTER E. STEELE v. GERALD F. KELLEY & others.

Court of Appeals of Massachusetts, Suffolk.

May 12, 1999.

Attorney(s) appearing for the Case

Alvin S. Nathanson for Gerald F. Kelley.

Mark T. Collins for The K's Inc.

Kathleen M. Curry for the plaintiff.

Present: BROWN, LAURENCE, & SPINA, JJ.

LAURENCE, J.

A. Procedural background. On June 15, 1994, Walter E. Steele commenced the underlying suit, in his capacity as a beneficiary of the Chatham's Corner Trust (CCT), against Gerald F. Kelley, both individually and in his capacity as sole trustee of the CCT. The sole asset of the CCT was a parcel of rentable commercial real estate in downtown Boston (premises), which was registered land. Steele alleged (in an unverified amended complaint) that, as CCT...

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