IN RE BAYLIS

No. 99-2352.

217 F.3d 66 (2000)

In re: Carl E. BAYLIS, Debtor, Constance B. Rutanen; Ella Quevillon, by and for the Estate of Robert S. Quevillon; Theresa J. Alexander, Plaintiffs, Appellees, v. Carl E. Baylis, Individually and in His Capacity As Co-Trustee of the Antonia Quevillon Trust, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 6, 2000.


Attorney(s) appearing for the Case

David M. Nickless, with whom Nickless & Phillips was on brief for appellant.

Christopher S. Wheeler, with whom Robert A. Gelinas and Bulkley, Richardson & Gelinas, LLP, were on brief for appellees.

Before TORRUELLA, Chief Judge, STAHL and LIPEZ, Circuit Judges.


STAHL, Circuit Judge.

Defendant-appellant Carl Baylis appeals the district court's decision that a seven-year-old state probate court finding should be given preclusive effect in the subsequent adversarial bankruptcy court proceeding. We vacate and remand.

I.

In October 1969, Baylis, an attorney specializing in taxation and estate planning, created a trust (the "Trust") for Antonia Quevillon. Baylis included in the agreement an exculpatory clause...

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