GOODMAN v. ATWOOD

No. 09-P-2147.

78 Mass. App. Ct. 655 (2011)

TIMOTHY WEIR GOODMAN, guardian, & another v. STEVEN ATWOOD & another.

Appeals Court of Massachusetts, Dukes County.

January 25, 2011.


Attorney(s) appearing for the Case

Jeremy M. Carter for Timothy Weir Goodman.

Dana Alan Curhan for the defendants.

Present: GRAHAM, VUONO, & GRAINGER, JJ.


GRAINGER, J.

After a jury-waived trial, judgment entered for the defendant on all claims relating to a gift made by a donor whose mental capacity was challenged by the plaintiff.4 On appeal, the plaintiff first asserts that the trial judge erroneously failed to shift the burden of proof regarding donative capacity to the defendant. Next, he contends that the judge should have found that...

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