Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 16 (2026)

Truth of answer

✓ current as of July 2026

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Section 16. The answer and statements of a trustee, on oath, shall be considered as true in determining how far he is chargeable; but either party may allege and prove any facts material in determining such question and not stated or denied by the trustee.

Notes of Decisions

Cited in 9 cases, 1922–1994 · leading case: Krogman v. Rice Bros., 135 N.E. 161 (Mass. 1922).

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Krogman v. Rice Bros., 135 N.E. 161 (Mass. 1922). · cites it 2× “G. L. c. 246, § 16. Crossman v. Crossman, 21 Pick.”

Yandell v. White City Amusement Park, Inc., 232 F. Supp. 582 (D. Mass. 1964). · cites it 2× “G.L. c. 246, § 16, provides: “The answer and statements of a trustee, on oath, shall be considered as true in determining how far he is chargeable; but either party may allege and prove any facts material in determining such question and not stated or denied by the trustee.”

Boston Sheridan Co. v. Sheridan Motor Car Co., 138 N.E. 806 (Mass. 1923). “” The goods represented by the bill of lading were not attached by the plaintiff’s writ; the trustee’s answer and its answers to interrogatories, which must be taken to be true, G. L. c. 246, §§ 16, 17, do not disclose that the automobiles and tool kits were in its possession or…”

David Feinburg Co. v. Joseph Chalfin & Co., 167 N.E. 249 (Mass. 1929). “If we assume that the plaintiff had a right by oral request to make a claim for jury issues at the time assigned for hearing (G. L. c. 246, §§ 16, 17, 33, Hubbard v. Lamburn, 189 Mass.”

Agway, Inc. v. Schmitter, 1983 Mass. App. Div. 205 (Mass. Dist. Ct., App. Div. 1983). “G.L. c. 246, § 16. The court, after hearing, made extensive findings of fact, G.”

Thompson-Durkee Co. v. Express Plumbing & Heating Co., 1994 Mass. App. Div. 190 (Mass. Dist. Ct., App. Div. 1994). “G.L.c. 246, §16. See generally, Workers’ Credit Union v.”

Racine v. Woodard, 40 Mass. App. Dec. 160 (Mass. Dist. Ct., App. Div. 1968). “G.L. c. 246, § 16. It is unnecessary in view of the above to discuss the right of set-off claimed by the trustee.”

Annawan Mills Inc. v. Ne. Fibers Co., 26 Mass. App. Dec. 115 (Mass. Dist. Ct., App. Div. 1963). “Is the plaintiff barred by these statements of the trustee from alleging that the “linters” are not cotton waste goods, since the trustee has included them under this designation in his answer and answers to interrogatories? Under G. L. c. 246 §16, the answer of the trustee on…”

N. E. Tile Corp. v. Keleher, 17 Mass. App. Dec. 139 (Mass. Dist. Ct., App. Div. 1958). “G. L. c. 246, §16 provides in part that “The answer and statements of a trustee, on oath, shall be considered as true in determining how far he is chargeable; but either party may allege and prove any facts material in determining such question and not stated or denied by the…”

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