SAVAGE v. OLISZCZAK

No. 09-P-513.

77 Mass. App. Ct. 145 (2010)

SUZANNE SAVAGE & another, trustees, v. CHERYL OLISZCZAK & others.

Appeals Court of Massachusetts, Norfolk.

June 29, 2010.


Attorney(s) appearing for the Case

Daniel R. Seigenberg for the plaintiffs.

Thomas J. Carey, Jr. (Dianne W. Hayes with him) for the defendants.

Present: KANTROWITZ, GREEN, & MEADE, JJ.


GREEN, J.

Does commencement of a will contest trigger an in terrorem clause contained in a pour-over trust designated as the sole beneficiary under the will? The plaintiffs commenced an action in the Probate and Family Court seeking an answer to that question, and now appeal from a decree answering the question in the negative. We affirm.

Background. The parties are the children of Georgenia M. Hatch, who died on March 14, 2006. Several years before...

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