KIRSCHBAUM v. WENNETT

No. 02-P-1090.

60 Mass. App. Ct. 807 (2004)

NANCY KIRSCHBAUM, individually & as administratrix, v. RICHARD W. WENNETT, coexecutor, & others.

Appeals Court of Massachusetts, Middlesex.

April 14, 2004.


Attorney(s) appearing for the Case

Michael H. Riley for the plaintiff.

Floyd H. Anderson for the defendants.

Present: Laurence, Mills, & Trainor, JJ.


LAURENCE, J.

The principal question before us is whether a Superior Court judge correctly allowed summary judgment against the plaintiff, Nancy Kirschbaum, when she ruled that the settlor had effectively amended his revocable trust — which granted the settlor the power to modify its terms at any time during his lifetime "by a written instrument . . . deposited with the Trustees" — so as to eliminate Kirschbaum as a beneficiary. Kirschbaum contends that...

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