Massachusetts General Laws
Mass. Gen. Laws ch. 246, § 27 (2026)
Liability of trustee before knowledge of service
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 27. If, after the service of process on the trustee, but before he has knowledge thereof, he makes any payment in good faith or becomes liable to a third person by reason of the goods, effects or credits in his hands, or delivers such goods, effects or credits to the defendant or to any other person who may be entitled thereto, he shall be allowed therefor in the same manner as if the payment or delivery had been made, or as if the liability had been incurred, before the service of process.
Notes of Decisions
Cited in 2
cases, 2001–2003 · leading case: Astuccio v. R.K. Ahern Co., 740 N.E.2d 647 (Mass. App. Ct. 2001).
Astuccio v. R.K. Ahern Co., 740 N.E.2d 647 (Mass. App. Ct. 2001). “56, 61 (1882), and by implication on the provisions of G. L. c. 246, § 27, 4 the motion judge determinéd that the bank’s employees had acted reasonably and in good faith in an effort to comply with the attachment and, thus, should not be chargeable for the withdrawal of funds…”
Astuccio v. R.K. Ahern Co., 17 Mass. L. Rptr. 218 (Mass. Super. Ct. 2003). “G.L.c. 246, §27 provides protection from liability to a trustee when he makes a payment in good faith after receipt of service, but before knowledge of service of process.”
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