MORTON v. POTTS

No. 01-P-635.

57 Mass. App. Ct. 55 (2003)

ANNE MORTON & another v. J. BRIAN POTTS, trustee, & others.

Court of Appeals of Massachusetts, Suffolk.

January 9, 2003.


Attorney(s) appearing for the Case

James A. Brett for the plaintiffs.

Laura Steinberg for Fiduciary Trust Company.

Thomas D. Burns for J. Brian Potts.

Elaine Epstein for Kathleen M. McCarthy.

Present: GREENBERG, DREBEN, & MASON, JJ.


MASON, J.

The plaintiffs, Anne Morton and James E. Lindsay, appeal from summary judgment entered in the Superior Court dismissing their complaint against the defendants, J. Brian Potts, Kathleen M. McCarthy, and Fiduciary Trust Company (Fiduciary Trust), who are trustees of a charitable trust established in 1989 by the plaintiffs' sister, Margaret S. Lindsay (Lindsay). The complaint sought a declaration that the trust was void and unenforceable because Lindsay had...

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