3 Mass. App. Ct. 753 | Mass. App. Ct. | 1975
The decree of the Probate Court dismissing this petition in equity for a reconveyance of certain property held by the parties as trustees for the benefit of their children, which property the respondent had unilaterally purported to convey to himself and the petitioner without consideration as tenants by the entirety free from the trust two days before the parties’ decree nisi of divorce became absolute, and for further relief, was patently erroneous. 1. There is no merit in the respondent’s contention that no trust was created. The first sentence of article 8 of the instrument, read together with other provisions which plainly confer beneficial interests upon the children, obviously refers only to legal title to the property. The broad powers given the trustees by the provisions of articles 3 (compare Horowitz v. State St. Trust Co. 283 Mass. 53, 59 [1933]) and 12 (compare Briggs v. Crowley, 352 Mass. 194, 196-197, 199-201 [1967]) are not incompatible with the existence of a trust. 2. Even if the power to
So ordered.