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Wasserman v. Cohen

Massachusetts Supreme Judicial Court

606 N.E.2d 901 (1993)

Relevant factsFree

Drapkin's trust directed the trustee Cohen (defendant) to distribute a specific property to Wasserman (plaintiff) upon Drapkin's death, but Drapkin sold that property years before she died; Wasserman petitioned the probate court to look past ademption and honor Drapkin's underlying intent to benefit her, but the court applied ademption and denied the petition, finding the gift extinguished since the property no longer existed in the trust at death.

IssueFree

Whether the doctrine of ademption, traditionally applied to wills, also applies to trusts.

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