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In Ingeno v. Meister, Case No. 09-P-502, 2010 Mass. App. Unpub. LEXIS 58 (Jan. 19, 2010), the Appeals Court affirmed the probate court's construction of a devise of real property. In her will, the testatrix devised her real property in Rockland as follows:
"I hereby bequeath the property...to my husband, Albert L. Ingeno, now of Rockland, Plymouth County, Massachusetts, Robert A. Ingeno, now of Rockland, Plymouth County, Massachusetts, Richard Meister, now of Abington, Plymouth County, Massachusetts and Alan Meister, now of California, equally share and share alike. I request that the Court allow my husband to remain on the property during his lifetime so long as he pays the taxes and expenses related to the property. At the time of his death the property is to be divided equally amongst, Robert A. Ingeno, now of Rockland, Plymouth County, Massachusetts, Richard Meister, now of Abington, Plymouth County, Massachusetts and Alan Meister, now of California, equally share and share alike."
The Court held that this devise created an absolute gift to Albert, Alan, Richard and Robert, with each receiving a twenty-five interest in the property, rather than a life estate in Albert and a remainder in equal thirds to Alan, Richard and Robert. In reaching this holding, the Court relied on the rule of construction that "where the absolute and unrestricted ownership of property is given by will, a limitation over is void, because such a limitation is inconsistent with the full and complete title already given." Davis v. Davis, 225 Mass. 311, 312 (1916).
Accordingly, as the Court explained, the first sentence of the devise at issue created an undivided interest in the four named devisees, in fee simple absolute, with no conditions. Therefore, the next two sentences purportedly creating a life estate with remainder interests are ineffective.
On January 13, Darian Butcher will moderate and Alisa Hacker will speak at the Boston Bar Association webinar, "Breach of Fiduciary Duty Litigation: Superior Court Versus Probate & Family Court."
Margaret Meehan, Tiana Gianopulos and Alexis Gettier collaborated on an article, "New Direction: The Connecticut Uniform Directed Trust Act" for the Quinnipiac Probate Law Journal.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
Mark A. Romance authored an article, "Five Tips for an Effective Mediation Statement," which was published by the American Bar Association, Section of Litigation.
Day Pitney Press Release
Day Pitney Press Release
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
Darian Butcher and Alisa Hacker were appointed to the Boston Bar Association Virtual Hearing Resource Guides Probate Team.
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.
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