Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 13 (2026)

Discharge of trustees

✓ current as of July 2026

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Section 13. If the answer of the alleged trustee shows that at the time of service of the trustee summons upon him he had not in his hands or possession any goods, effects or credits of the defendant, and the plaintiff declines to examine him, or if upon examination his answer appears to be true, he shall be discharged.

Notes of Decisions

Cited in 3 cases, 1966–1987 · leading case: Kolodny v. Khoury, 38 Mass. App. Dec. 226 (Mass. Dist. Ct., App. Div. 1966).

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Kolodny v. Khoury, 38 Mass. App. Dec. 226 (Mass. Dist. Ct., App. Div. 1966). “(G.L. c. 246, §§ 13,14). The ruling of the trial justice thereon is therefore of no effect.”

Quinn v. Dille, 1987 Mass. App. Div. 101 (Mass. Dist. Ct., App. Div. 1987). “On these facts, discharge of Quaker and a dissolution of the attachment were required pursuant to G.L. c. 246, § 13. 3. The defendants’ remaining arguments challenge the trial court’s allegedly improper and inconsistent treatment of defendants’ requests for rulings of law…”

Agway, Inc. v. Schmitter, 1983 Mass. App. Div. 205 (Mass. Dist. Ct., App. Div. 1983). “G.L. c. 246, § 13. The finding of the trial court, in effect, accomplished this.”

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