• Home
• Announcements
• Amicus
• sjc-11233

---

THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR MARCH 2013
AMICUS SUBMISSIONS ARE DUE NO LATER THAN TWO WEEKS BEFORE
THE FIRST DAY OF THE SITTING IN WHICH THE CASE IS SCHEDULED FOR ARGUMENT

 SJC-11233
Richard Morse, trustee v. Jonathan A. Kraft & others

The Justices request amicus submissions on what the parties represent is an unresolved point of Massachusetts trust law: whether the　trustee has the power to make distributions in further trust for any beneficiary's benefit without the consent or approval of any beneficiary or court. The trust instrument in this case provides, among other things: "The Trustees shall pay to such child [of the marriage of the donor and his wife for whose benefit a trust is held] from time to time such portion or portions of the net income and principal thereof as the Disinterested Trustee shall deem desirable for the benefit of such child, accumulating and adding to principal from time to time any income not so paid" (art. III[B]); and "Whenever provision is made hereunder for payment of principal or income to a beneficiary, the same may instead be applied for his or her benefit. The Trustees may, in their discretion and without limitation as to amount, make payments or applications of income or principal to or for the benefit of a minor or any other person who, in the opinion of the Trustees, is without legal capacity, by depositing the same in a bank account in the name of such beneficiary or by making payment to a custodian for such beneficiary under a uniform gifts to minor's act or similar legislation of any jurisdiction or to such beneficiary directly, or to a legal guardian or conservator of such beneficiary" (art. VI[A]).

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

November 2012