Feb 14 2014

Courtroom Success 2014-6: Springfield Partner Brad Martin and Associate Jennifer Rymarski

Springfield Partner Brad Martin and Associate Jennifer Rymarski recently won Summary Judgement in an action brought by the Bank of America in Worcester Probate and Family Court. The bank, serving as trustee, had filed a complaint for instruction regarding the interpretation of a certain dispositive provision in a trust.  The bank claimed that the trust language was ambiguous as to whether the share of a deceased sibling should pass to the last surviving sibling or pass to the many nieces and nephews that were named in the trust.  Having represented the deceased sibling during his life, and having already successfully negotiated another dispute with Bank of America for another family member, Brad was hired to represent the interests of the remaining sibling.  Brad and Jennifer felt the language was clear and after argument their motion for summary judgment was allowed by Judge Ricci from the bench.  The result was a $250,000 distribution to our client. 

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