Representative Matters

Defense of Trustees in an Action for Breach of Fiduciary Duty and Removal

A beneficiary sought the removal of two trustees of a Massachusetts Business Trust, alleging that the trustees had acted beyond their authority and breached their duties in carrying out a number of complicated transactions designed to place a conservation easement on family-owned land and exchange various parcels of land among several trusts. At trial, the Court found that the trustees had not breached their duties and awarded fees and costs to the trustees. The Appeals Court determined that the trustees had authority under the trust to effectuate the transactions at issue and affirmed the trial court’s determination that no breach of fiduciary duty occurred.

Individual Heirs Seeking to Secure the Proceeds of a Lapsed Gift Under a Will

Successfully obtained a judgment in favor of individual heirs who were seeking to secure the proceeds of a lapsed gift under a will.

Dispute With a Trustee Over Proper Interpretation of the Distribution Provisions of a Trust Instrument

Representation of a charitable beneficiary in a dispute with a trustee over the proper interpretation of the distribution provisions of a trust instrument.

Challenge to a Testamentary Scheme That Left Hundreds of Millions of Dollars to Charity

Representation of children of a decedent, including a mentally disabled adult, in a challenge to a testamentary scheme that left hundreds of millions of dollars to charity.

Negotiating Agreement Among the Trustees and Other Family Beneficiaries Regarding the Disposition of Property

Representation of a beneficiary of several family trusts in negotiating an agreement among the trustees and other family beneficiaries regarding the disposition of property in, and distributions to be made from, such trusts.

Representation of Charity in Action to Enforce Its Rights Under a Charitable Bequest

Action to Determine Proper Charitable Beneficiary

Representation of a trustee in an action to determine the proper charitable beneficiary under a trust instrument that contained precatory language regarding the use of the proceeds by the charitable beneficiary.

Will Contest Alleging Undue Influence, Lack of Testamentary Capacity and Fraud

Representation of family members in will contest alleging undue influence, lack of testamentary capacity and fraud.

Representation of Widow in Defense of a Death-Bed Property Conveyance

Representation of Proposed Interveners in Action Regarding the Oldest Charitable Trust in the Country (c. 1660)

Self-Dealing and Other Breaches of Fiduciary Duty

Representation of trustees and primary beneficiary in action against predecessor trustees for self-dealing and other breaches of fiduciary duty.