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Wills, Trusts & Estates Keyed to Gallanis
Wasserman v. Cohen
Citation:
606 N.E.2d 901 (Mass. 1993)Facts
Frieda Drapkin created the Joseph and Frieda Drapkin Memorial Trust in December, 1982, naming herself both settlor and trustee. She funded the trust with certain property, and retained the right to add property by inter vivos transfer and by will. Drapkin also reserved the right to receive and to direct the payment of income or principal during her lifetime, to amend or to revoke the trust, and to withdraw property from the trust. On her death, the trustee was directed to distribute the property as set out in the trust. The trustee was ordered to convey to the plaintiff 12-14 Newton Street, Waltham, Massachusetts, Apartment Building. When she executed the trust, Drapkin held record title to the property at 12-14 Newton Street in Waltham, as trustee of Z.P.Q. Realty Trust. However, she sold the property and had never conveyed her interest in the property to the trust. Drapkin died on March 28, 1989. Her will, dated December 26, 1982, devised all property in her residuary estate to the trust to be disposed of in accordance with the trust’s provisions.
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11m 20s