· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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