Free Newsletter
Sons could make gifts to themselves from mother’s estate
The Appeals Court upheld that a durable power of attorney authorized two sons to gift themselves over $5.5 million from their mother’s estate.
Zoning battle ends with demolition after 17-year dispute
A 17-year zoning dispute over an undersized lot in Douglas, Massachusetts, ended with a court-ordered demolition after years of litigation and the deaths of both homeowners.
Wills and trusts – Testamentary capacity
Where a judge ruled in favor of the objectors in a will contest, the judge erred by entering summary judgment on grounds not advanced by the objectors, without giving the opposing party notice and an opportunity to be heard.
Insurance – Title
Where (1) plaintiffs who purchased real property secured a title insurance policy from the defendant, (2) the plaintiffs were later sued by neighbors in connection with a stone wall adjacent to the property, (3) the defendant refused to defend the plaintiffs in that suit, (4) a Superior Court judge determined that the land under the stone wall was part of the plaintiff's property pursuant to the d[...]
Criminal – Credit – Contempt
Where a defendant was convicted of rape and assault and battery after he was found in civil contempt and held in custody for failing to comply with a court order to provide the personal identification number access code to his cellphone, the defendant was not entitled to receive jail credit pursuant to G.L.c. 279, §33A, for the time he was held in custody for civil contempt prior to sentencing.
Civil practice – Standing – ‘Public right’ doctrine
Where a plaintiff filed suit claiming that the Massachusetts Bay Transportation Authority, in its operation of its commuter rail trains, is under a clear and unequivocal duty to sound both bells and whistles at all at-grade crossings, the dismissal of the plaintiff’s complaint should be affirmed because a state statute (G.L.c. 160, §138) does not create the public duty alleged by the plaintiff,[...]
Wills and trusts – Bank accounts
Where a plaintiff whose complaint alleging conversion and breach of fiduciary duty was dismissed has filed an appeal challenging the lower court judge’s finding that a decedent intended for certain bank accounts to pass to the defendant upon her death, the judgment should be affirmed despite the plaintiff’s argument that the judge erred in finding that the accounts were held jointly with right[...]
Wills and trusts – Power of attorney – Gifts
Where two defendants who were granted a durable power of attorney from their elderly mother made gifts from their mother's assets to themselves, a judgment in their favor should be affirmed because the gifting authority in the power of attorney permitted gifts to the defendants.
Criminal – Firearm – Licensure
Where a defendant convicted of unlawful possession of a firearm without a license has challenged the admissibility of the testimony of an employee of the Department of Criminal Justice Information Services (DCJIS) that the defendant was not licensed to carry a firearm, the defendant’s conviction should be affirmed because (1) the employee performed a diligent search of the DCJIS-maintained state[...]
Appeals Court reinstates 93A claim against tobacco company
Massachusetts Appeals Court rules Chapter 93A claims don’t require fraud liability, reviving a tobacco wrongful death lawsuit against Philip Morris.
Domestic relations – Chapter 209A – Extension
Where a Probate & Family Court judge extended a G.L.c. 209A abuse prevention order, the extension of the 209A order for a duration of two years went beyond what was permitted by the statute, so a remand must be ordered.
Securities – Standing
Where claims of conversion, breach of fiduciary duty, negligence and violation of the Uniform Securities Act (G.L.c. 110A) were dismissed for lack of subject matter jurisdiction, the judgment of dismissal must be vacated because the plaintiffs' allegations of injury suffice to establish standing.
