6 Mass. App. Ct. 854 | Mass. App. Ct. | 1978
1. The defendant admitted that he had been aware of the entire course of the dealings between Sprague and the victim. The jury were not obliged to believe the defendant’s explanation of the circumstances. "It is elementary that the acceptance or rejection of oral testimony, in whole or in part, is within the exclusive province of the jury.” Commomwealth v. Holiday, 349 Mass. 126, 129 (1965). Cf. Commonwealth v. McInerney, 373 Mass. 136, 144-148 (1977). 2. The defendant claims that the written agreement with the victim could not have created a trust because it lacked a number of elements common to many written trust instruments. His contention in this respect (if relevant) is erroneous as matter of law (see Povey v. Colonial Beacon Oil Co., 294 Mass. 86, 90 [1936]), and the defendant, who was the attorney who drafted the trust instrument, is in no position to say he did not appreciate the full dimensions of the fiduciary relationship between Sprague and the
Judgment affirmed.