Gordon v. Feldman
| Decision Date | 08 March 1971 |
| Citation | 359 Mass. 25,267 N.E.2d 895 |
| Parties | Stephen GORDON et al., 1 v. Sylvia G. FELDMAN et al. 2 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Louis K. Nathanson, Boston, for defendants.
C. A. Peairs, Worcester, for plaintiffs.
Before TAURO, C.J., and SPALDING, CUTTER, SPIEGEL, and BRAUCHER, JJ.
This bill in equity was heard on a statement of agreed facts of which the following is a summary. In March, 1950 Samuel A. Gordon executed a declaration of trust naming himself as trustee. He was entitled to receive both income and principal during his lifetime. Upon his death the settlor's three children, David M. Gordon, Sylvia G. Feldman and Dorothy G. Schuler were to become trustees of the remaining property from which they were to pay a fixed weekly sum to the settlor's widow, Rose, and any remaining surplus of income in their discretion, to themselves, if living, or their children, by right of representation. The trust was to terminate upon the death of Rose, when all of the assets of the trust were to be divided into three equal parts and transferred to the settlor's three children, 'one share each, if living, and if any one of them shall have died prior to * * * (the) termination (of the trust), then the share of the deceased person shall be transferred * * * to the children of said deceased person then living by right of representation.' All beneficial interests, with the exception of the settlor's, were subject to spendthrift provisions.
Samuel Gordon, the settlor, died in 1955, and his three children became contrustees. The two sisters, Sylvia G. Feldman and Dorothy G. Schuler, authorized their brother, David M. Gordon, an attorney, to manage the trust property. In 1960, the sisters discovered that their brother had misappropriated over $40,000 from the trust. Mr. Gordon resigned as trustee immediately, and in 1963 executed an agreement acknowledging his indebtedness to the trust estate, and providing that this indebtedness be paid off by 'any interest which he may at any time acquire in the Trust.' Mr. Gordon died in 1964, leaving the plaintiffs as his issue. At the time of his death the amount of his misappropriation reduced by all income due to him prior to his death exceeded one-third of the trust estate as it existed at his death or at the death of Rose, the settlor's widow. In 1967, Rose died. The total assets of the trust at her death were $52,356.
This bill in equity was brought by David's children who claim that their interests are derived not by inheritance from their father, but directly from the settlor and were not affected by their father's misconduct or agreement for restitution. The question presented was clearly and succinctly stated by the judge as follows:
The judge ruled that David Gordon had a contingent interest in the trust estate and that the plaintiffs were entitled to one-third interest in the trust unaffected by their father's misconduct or agreement for restitution. From a decree in accordance with this ruling the defendants appealed.
There was no error.
The defendants concede that the case depends...
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Madoff v. Amaral (In re Amaral)
...an implicit requirement of survivorship in order for Roger to obtain that interest.” Thus, the Trustee, referencing Gordon v. Feldman, 359 Mass. 25, 27, 267 N.E.2d 895 (1971) (“An express requirement of survivorship in a remainder gift renders the remainder contingent.”), asserts that “Roge......
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Sullivan v. Burkin
...the origin of the assets, totally at the disposal of the settlor once received, should make no difference. See Gordon v. Feldman, 359 Mass. 25, 267 N.E.2d 895 (1971), in which the court and the parties implicitly accepted as valid an inter vivos trust in which A conveyed to himself as sole ......
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D.L. v. G.L., No. 01-P-1253 (MA 7/16/2004)
...1979); Loring, A Trustee's Handbook § 5.3.4, at 203 & n.210 (Rounds ed. 2004); 3 Powell, Real Property § 20.04[6] (1996); Gordon v. Feldman, 359 Mass. 25, 27 (1971) ("[a]n express requirement of survivorship in a remainder gift," such as "if living," "renders the remainder contingent"); Hoc......
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DL v. GL, No. 01-P-1253.
...ed. 1979); Loring, A Trustee's Handbook § 5.3.4, at 203 & n.210 (Rounds ed. 2004); 3 Powell, Real Property § 20.046 (1996); Gordon v. Feldman, 359 Mass. 25, 27 (1971) ("an express requirement of survivorship in a remainder gift," such as "if living," "renders the remainder contingent"); Hoc......