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B.W. v. J.W.

No. 05-P-1260.

67 Mass. App. Ct. 295 (2006)

B.W. v. J.W. & another.

Appeals Court of Massachusetts, Suffolk.

September 8, 2006.

Attorney(s) appearing for the Case

Roger A. Lane for the plaintiff.

William Shaw McDermott (Gregory R. Youman with him) for J.W.

William L. Patton (John H. Ray, III, with him) for M.W.

Present: ARMSTRONG, C.J., PERRETTA, DREBEN, GREEN, & GRAINGER, JJ.

GRAINGER, J.

The plaintiff (B.W.) appeals from a judgment of the Probate and Family Court Department on the defendant's (J.W.'s) motion for summary judgment.2 The judgment dismissed, in its entirety, B.W.'s amended complaint that sought removal of J.W. as cotrustee of the MBW 1942 Trust and the MBW 1956 Trust (trusts). We reverse.

Background. The parties are three brothers. B.W. and J.W. are cotrustees of the trusts and...

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