Section 39B. When a judgment or decree is entered in a contested proceeding seeking equitable relief or on an account or to determine the construction of a will or of any trust instrument or to determine any question as to the powers, rights or duties of any fiduciary under any written instrument or to determine any question with respect to services rendered by any such fiduciary or the compensation of such fiduciary for such services, the probate court may, in its discretion as justice and equity may require, provide that such sums as said court may deem reasonable be paid out of the estate in the hands of such fiduciary to any party to the proceeding on account of counsel fees and other expenses incurred by him in connection therewith. The sums awarded shall be specified in the judgment or decree which may in such case direct that any sum so awarded to any party be paid in whole or in part to his counsel. The probate court, subject to appeal, shall have like powers when entering a judgment or decree after the receipt of a rescript from the supreme judicial or appeals court unless the rescript shall specifically direct otherwise. The counsel of any party to whom an award might be made under this section on account of counsel fees or expenses may file and prosecute in his own name a petition under section thirty-nine A for the payment directly to him of any sum or sums which the court would have power to award the party. A person interested, whose counsel would have standing hereunder or under section thirty-nine A, shall have standing to institute and prosecute a petition for the determination of any sum or sums which the court would have power to award against such person.
Notes of Decisions
First Nat'l Bank v. Sullivan, 350 N.E.2d 473 (Mass. App. Ct. 1976).
· cites it 6× “G. L. c. 215, §§ 39B and 45, that the [c]ourt provide payment to her out of the [e] state .”
Clymer v. Mayo, 473 N.E.2d 1084 (Mass. 1985).
· cites it 2× “There is no indication in the statutory language that the Legislature presumed to know how these changes affect a testator’s relations with more distant family members. We therefore conclude that the Chamberlains and Hinman are entitled to take as the decedent’s “nephews and…”
Markell v. Sidney B. Pfeifer Found., Inc., 402 N.E.2d 76 (Mass. App. Ct. 1980).
“The foundation next contends that the foundation should have been awarded counsel fees under G. L. c. 215, § 39B, as appearing in St. 1975, c.”
Perry v. Perry, 160 N.E.2d 97 (Mass. 1959).
“08, fee $15,000; attorneys for the respondents, costs and expenses of $2,892.”
McMillen v. McMillen, 784 N.E.2d 1130 (Mass. App. Ct. 2003).
“754, 772-773 (1985) (discussing factors relevant to awards of fees and costs under G. L. c. 215, § 39B). Julie also maintains that the judge abused his discretion by not allowing at least some portion of the fees.”
Karvonen v. Halmetoja, 385 N.E.2d 526 (Mass. App. Ct. 1979).
“414, 417-423 (1976) (counsel paid fee under the provisions of G. L. c. 215, § 39B, to which the “benefit to the estate” rule does not apply).”
Golden v. Taft, 181 N.E.2d 544 (Mass. 1962).
“The allowance of counsel fees in the Suffolk proceedings was in connection with an equity petition for instructions. The Suffolk probate judge, in addition to whatever powers may exist (see Scott, Trusts [2d ed.”
Campbell v. Toner, 2003 Mass. App. Div. 17 (Mass. Dist. Ct., App. Div. 2003).
“” G.L.c. 215, §39B. 1 In making that decision, the judge had to consider the interests of the beneficiaries under the will whose share of the estate would be diminished by the fee award.”
Sprague v. Sprague Hagen, 122 F. Supp. 2d 188 (D. Me. 2000).
“or to determine the construction of a will or of any trust instrument or to determine any question as to the powers, rights or duties of any fiduciary under any written instrument or to determine any question with respect to services rendered by any such fiduciary or the…”
Knight v. Travell, 433 N.E.2d 464 (Mass. App. Ct. 1982).
“G. L. c. 215, § 39B. 4. The judgment is affirmed.”
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