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GILPATRIC v. CABOUR

450 Mass. 1025 (2008)

DAVID L. GILPATRIC & another, trustees, & another v. HELENE E. CABOUR & others.

Supreme Judicial Court of Massachusetts.

January 29, 2008.

Attorney(s) appearing for the Case

The case was submitted on briefs.

Christopher P. Carr, Thomas B. Pell, Juliet A. Davison, & Seth J. Robbins for the plaintiffs.

The trustees of the Francis D. Cabour Trust (trust) and the executrix of the estate of Francis D. Cabour (settlor) commenced this action in the Probate and Family Court, seeking reformation of the trust. A judge in the Probate and Family Court reported the case to the Appeals Court, and we granted the trustees' application for direct appellate review.

Facts. The trustees, the executrix, and the beneficiaries of the trust have agreed to the facts. The settlor...

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