11 Massachusetts opinions name it 4 courts 1932–2023 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Levitan v. Rosengreen1 sentence2023See also Levitan, 95 Mass. App. Ct. at 253, 254 ("[i]nterests in discretionary trusts generally are treated as . . . too remote for inclusion in a marital estate . . . because . . . the beneficiary must rely on the trustee's exercise of 10"'Discretionary trust provision' means a provision in a trust, regardless of whether the terms of the trust provide a standard for the exercise of the trustee's discretion and regardless of whether the trust contains a spendthrift provision, that provides that the trustee has discretion . . . to determine [one] or more of the following: (i) [w]hether to distr | 1 | 1 |
Mickelson v. Barnetgreen1 sentence2010Cf. Mickelson v. Barnet, 390 Mass. 786, 792 (1984) (when mistake is alleged, extrinsic evidence of intent may be considered, notwithstanding parole evidence rule). | 1 | 1 |
In re Tobingreen1 sentence2000See Matter of Tobin, 417 Mass. 81, 87 (1994) (“Parties to judicial or quasi-judicial proceedings ... are not entitled to pretrial discovery as a constitutional right”). | 1 | 1 |
Decker v. Black & Decker Manufacturing Co.green1 sentence1999Co., 389 Mass. 35, 40 (1983), citing Afienko v. Harvard Club, 365 Mass. 320 (1974). | 1 | 1 |
York Ford, Inc. v. Building Inspector & Zoning Administratorgreen1 sentence1999Co., 427 Mass. 194 , 200-201 & n.6 (1998); York Ford, Inc. v. Building Inspec. & Admin. of Saugus, 38 Mass. App. Ct. 938, 940 (1995). 3 Trust’s motion for partial summary judgment against PIR on the both the complaint and counterclaim was allowed on March 2,1998. | 1 | 1 |
Abrams v. Crocker-Citizens National Bankgreen1 sentence1976Abrams v. Crocker-Citizens Nat'l Bank, 41 Cal. App. 3d 55, 60 (1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Koufos v. U.S. Bank, N.A. ex rel. CFSB Mortgage Pass-Through Certificates Series 2005-CF1
green
1 sentence2015While noting New York case law to the contrary — specifically, Wells Fargo Bank, N.A v. Erobobo, 972 N.Y.S.2d 147 (Sup. Ct. 2013) (finding transfer of assignment of mortgage into REMIC trust after closing date and by party other than “depositor” in violation of terms of PSA rendered assignment void under New York law) — the District Court found the weight of Federal authority to have “held that under New York law, an assignment of a mortgage into a trust in violation of the terms of the PSA is voidable, not void.” Halacy, supra, citing Koufos v. U.S. Bank N.A., 939 F. Supp. 2d 40 ,49 n.5, 56 n | 1 | 2015–2015 |
Wells Fargo Bank, N.A. v. Erobobo
green
1 sentence2015We find here, as the District Court did in Halacy, that even assuming Sheehan’s argument on this point to be true, the transfer of the mort gage into the trust in violation of the PSA would not invalidate the assignment. 27 Id. | 1 | 2015–2015 |
O'Brien v. Hanover Insurance
green
1 sentence1999Co., 427 Mass. 194 , 200-201 & n.6 (1998); York Ford, Inc. v. Building Inspec. & Admin. of Saugus, 38 Mass. App. Ct. 938, 940 (1995). 3 Trust’s motion for partial summary judgment against PIR on the both the complaint and counterclaim was allowed on March 2,1998. | 1 | 1999–1999 |
Afienko v. Harvard Club of Boston
green
1 sentence1999Co., 389 Mass. 35, 40 (1983), citing Afienko v. Harvard Club, 365 Mass. 320 (1974). | 1 | 1999–1999 |
Whittaker v. Saraceno
green
1 sentence1997Notions about what should be foreseen, in other words, are very much interwoven with our feelings about fair and just limits to legal responsibility.” Id. at 198 , quoting 4 F. Harper, F. James, Jr., & O. | 1 | 1997–1997 |
Johnson v. Whiton
neutral
1 sentence1944Similar decisions in principle were made in Johnson v. Whiton, 118 Mass. 340 , Thurston, petitioner, 154 Mass. 596 , Wason v. Ranney, 167 Mass. 159 , and Crawford v. Langmaid, 171 Mass. 309 . | 1 | 1944–1944 |
In re Thurston
green
1 sentence1944Similar decisions in principle were made in Johnson v. Whiton, 118 Mass. 340 , Thurston, petitioner, 154 Mass. 596 , Wason v. Ranney, 167 Mass. 159 , and Crawford v. Langmaid, 171 Mass. 309 . | 1 | 1944–1944 |
Wason v. Ranney
neutral
1 sentence1944Similar decisions in principle were made in Johnson v. Whiton, 118 Mass. 340 , Thurston, petitioner, 154 Mass. 596 , Wason v. Ranney, 167 Mass. 159 , and Crawford v. Langmaid, 171 Mass. 309 . | 1 | 1944–1944 |
Crawford v. Langmaid
green
1 sentence1944Similar decisions in principle were made in Johnson v. Whiton, 118 Mass. 340 , Thurston, petitioner, 154 Mass. 596 , Wason v. Ranney, 167 Mass. 159 , and Crawford v. Langmaid, 171 Mass. 309 . | 1 | 1944–1944 |
Abbott v. Williams
green
1 sentence1938Abbott v. Williams, 268 Mass. 275, 283 . | 1 | 1938–1938 |
Cammann v. Abbe
green
1 sentence1932There is no significant difference, so far as appears, between the language of the trust clause and of the will as a whole, the general scope and purpose of the will, and the circumstances known to the testator when he made it, in this case, and the same controlling factors of interpretation in Cammann v. Abbe, 258 Mass. 427 , where it was held that a distribution of principal per capita was intended. | 1 | 1932–1932 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.