MAIMONIDES SCHOOL v. COLES

No. 06-P-1304.

71 Mass. App. Ct. 240 (2008)

MAIMONIDES SCHOOL & others v. HARRIS COLES & others.

Appeals Court of Massachusetts, Middlesex.

February 25, 2008.


Attorney(s) appearing for the Case

Stephen G. Howard for Maimonides School & others.

Gregory J. Aceto for Beth Israel Deaconess Medical Center, Inc.

C. Peter R. Gossels for Herbert Rosen & others.

Jordana B. Glasgow for Harris Coles.

Present: GELINAS, COHEN, & SIKORA, JJ.


SIKORA, J.

After an eleven-month struggle with esophageal cancer, Leonard R. Brener died on December 8, 2001, at age eighty-five. He had never married. He had no children. He had conducted a long and successful career as a stockbroker. The value of his estate approximated $8 million. Several nieces and nephews survived him.

In October, 2001, about five weeks before his death, he had amended for a second time the testamentary pour-over trust through which he...

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