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· 1/10/1980

Berman v. Sandler

Citations

  • 399 N.E.2d 17
  • 379 Mass. 506
  • 1980 Mass. LEXIS 948

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the words “the first paragraph of’ were mistakenly dropped, reformed instrument to accomplish minimization of estate tax
  • allowing reformation of trust to permit effectuation of settlor’s intent to utilize Federal estate tax marital deduction fully
  • distinguishing reformation of trusts for unilateral scrivener’s mistake from reformation of contracts, which requires proof of mutual mistake
  • \Consideration of . . . extrinsic evidence is proper where . . . a trust [is] ambiguous\
  • “In contract law, reformation will not be granted unless the parties’ mistake is mutual.”
  • action to reform a written document on the grounds of mistake

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Kaplan, Wilkins, Abrams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.