Massachusetts General Laws

Mass. Gen. Laws ch. 246, § 39 (2026)

Form of judgment charging trustee

✓ current as of July 2026

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Section 39. If a person is adjudged a trustee, the amount for which he is chargeable need not be specified in the judgment.

Notes of Decisions

Cited in 2 cases, 1994–1998 · leading case: Lei Jiang v. Wolf, 1998 Mass. App. Div. 137 (Mass. Dist. Ct., App. Div. 1998).

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Lei Jiang v. Wolf, 1998 Mass. App. Div. 137 (Mass. Dist. Ct., App. Div. 1998). “On September 5,1997, the plaintiff filed a motion to charge the trustee pursuant to G.L.c. 246, §39. On October 2, 1997, the defendant filed an objection and a request for a G.”

Thompson-Durkee Co. v. Express Plumbing & Heating Co., 1994 Mass. App. Div. 190 (Mass. Dist. Ct., App. Div. 1994). “The plaintiff’s contrary argument is mistakenly based on both the caption (“Form of Judgment Charging Trustee”) of G.L.c. 246, §39 and the omission from that statute of any requirement for a trustee judgment in accordance with Rules 58(a) and 79 (a).”

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