From Casetext: Smarter Legal Research

Scott v. Dane

Supreme Judicial Court of Massachusetts
Jan 30, 1964
196 N.E.2d 195 (Mass. 1964)

Opinion

January 30, 1964.

Harry Zarrow for the plaintiffs.

Philip H. Breen for the defendants.


Decree affirmed. The plaintiffs appealed from a final decree dismissing their bill to set aside a conveyance of real estate, to establish a trust therein, and to obtain an accounting. There is a master's report and also a "Master's Summary of Certain Evidence." He found that in 1953, Unit #54, Massachusetts State Guard Veterans (the unit), purchased the real estate largely with funds supplied by the defendants; that, pursuant to a recorded declaration of trust, three of the defendants held title to the real estate as trustees for the unit; that the declaration of trust contained a provision under which it could be amended at any time by a majority vote of the members of the unit; and that, in 1959, a majority of the unit voted to convey title to the real estate to the defendants individually. We are of opinion that the unit, as settlor of the trust, by retaining an unrestricted power to amend the trust declaration also retained the power to revoke the trust. Stahler v. Sevinor, 324 Mass. 18, 21-22, and the authorities cited therein. There was no error.


Summaries of

Scott v. Dane

Supreme Judicial Court of Massachusetts
Jan 30, 1964
196 N.E.2d 195 (Mass. 1964)
Case details for

Scott v. Dane

Case Details

Full title:JAMES F. SCOTT others vs. HERBERT P. DANE others

Court:Supreme Judicial Court of Massachusetts

Date published: Jan 30, 1964

Citations

196 N.E.2d 195 (Mass. 1964)
196 N.E.2d 195

Citing Cases

Rubinson v. Rubinson

Restatement (Second) of Trusts § 331, Comment h (1959).E.g., Scott v. Dane (1964), 346 Mass. 782, 196 N.E.2d…

Horwitz v. Horwitz

2. Even if the power to amend the trust conferred by article 13 included a power of revocation (compare…