RUTANEN v. BALLARD


424 Mass. 723 (1997)

CONSTANCE RUTANEN & others v. ESTELLE BALLARD & another, trustees.

Supreme Judicial Court of Massachusetts, Worcester.

April 15, 1997.


Attorney(s) appearing for the Case

George C. Deptula for Carl E. Baylis.

Joseph Hamilton for Estelle C. Ballard.

Barry A. Bachrach for the interveners.

Robert A. Gelinas (Christopher Wheeler with him) for Constance Rutanen & others.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.


FRIED, J.

The income beneficiaries of the Antonia Quevillon Trust commenced this action in the Probate and Family Court against the trustees of that trust for breach of their fiduciary duties to the trust in that they did not sell unproductive property of the trust. The remaindermen of the trust intervened on the side of the income beneficiaries. The judge made findings that the trustees violated their fiduciary duty and awarded damages. The trustees appealed arguing...

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