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MERRILL LYNCH, PIERCE, FENNER v. FLANDERS-BORDEN

No. 20-1942.

11 F.4th 12 (2021)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff, Appellee, v. Katherine FLANDERS-BORDEN, Defendant, Appellant, William J. Sherry; David E. Flanders; Karyn S. Beedy; Brett L. Peterson, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 26, 2021.

Attorney(s) appearing for the Case

Scott E. Adams for appellant.

Nellie E. Hestin , with whom McGuireWoods LLP was on brief, for appellee Merrill Lynch, Pierce, Fenner & Smith, Inc.

Hilary S. Schultz , with whom Shultz Law, LLP was on brief, for appellees William J. Sherry, David E. Flanders, Karyn S. Beedy, and Brett L. Peterson.

Before Lynch and Kayatta, Circuit Judges, and Laplante, District Judge.

This appeal concerns the validity of a Transfer on Death Agreement ("TOD Agreement") executed by Alton L. Flanders, III. The TOD Agreement relates to an account containing a subset of Flanders's assets for which Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") acts as custodian. If valid, the TOD Agreement...

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