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GERSHAW v. GERSHFIELD

No. 98-P-1410.

52 Mass. App. Ct. 81 (2001)

SCOTT O. GERSHAW, trustee, v. BURTON C. GERSHFIELD.

Court of Appeals of Massachusetts, Essex.

July 13, 2001.

Attorney(s) appearing for the Case

Marcy Richmond (Robert J. O'Regan with her) for the plaintiff.

Burton C. Gershfield, pro se, submitted a brief.

Present: BROWN, GILLERMAN, & DUFFLY, JJ.

DUFFLY, J.

Burton C. Gershfield appeals from a decree entered in the Probate and Family Court on a complaint for instructions brought by Scott O. Gershaw, as trustee of the Samuel Gershfield Family Trust of 1987 (trust), and from the dismissal of his counterclaim. We decide that the judge's modification of the trust terms in several material respects constituted error of law and that the counterclaim should not have been summarily dismissed. Accordingly, we vacate...

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