NEW ENGLAND MERCHANTS NATIONAL BANK v. HOSS


356 Mass. 331 (1969)

249 N.E.2d 635

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON vs. ROBERT O. HOSS, individually and as executor, & another, trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 1969.


Attorney(s) appearing for the Case

Robert J. Morrissey for the defendants.

J. Owen Todd for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


SPALDING, J.

This is a bill to reach and apply against Robert O. Hoss and his brother, Carl L. Hoss, as the sole surviving trustee of a family trust. The bill, which recited a debt due from Robert to the plaintiff based on a guaranty agreement, sought to reach the interest of Robert in his mother's estate and his remainder interest in the trust.

Following the sustaining of a demurrer of the two defendants, the plaintiff moved to amend the bill, and the motion...

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