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Wasserman v. Cohen
Massachusetts Supreme Judicial Court
414 Mass. 172, 606 N.E.2d 901 (1993)
- Written by Sean Carroll, JD
Facts
In 1982, Frieda Drapkin executed a trust that directed the trustee, David Cohen (defendant), to distribute a property to Elaine Wasserman (plaintiff) upon Drapkin’s death. In 1988, Drapkin sold the property. Wasserman filed a petition asking the probate court to not apply the doctrine of ademption, but rather consider Drapkin’s intent. The probate court denied the petition, finding that Drapkin’s sale of the property adeemed the property gift. Wasserman appealed.
Rule of Law
Issue
Holding and Reasoning (Lynch, J.)
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