Pond v. Pond case brief

Pond v. Pond case brief summary
678 N.E.2d 1321 (1997)

CASE SYNOPSIS

Plaintiff trustee challenged a judgment of the Worcester Division of the Probate and Family Court Department (Massachusetts) in an action brought by the trustee seeking reformation of a trust.

CASE FACTS
A settlor executed a trust, and the trustee brought an action to modify the trust. The trial court reserved judgment, and the trustee sought review.

DISCUSSION

• The court remanded to the trial court with instructions to enter a judgment modifying the trust. 
• The court held that it, as the state supreme court, had authority to decide the issue of modification of the trust. 
• The court held that, due to scrivener's errors in the form of omissions and ambiguities, the declaration of trust failed to give effect to the settlor's intent. 
• The settlor's intent was to qualify the trust for the marital tax deduction under § 2056(b)(7) of the Internal Revenue Code. 
• Finally, the court found no need to reform the termination provisions of the trust, because the provision regarding the share of the estate going to issue of a child that predeceased the settlor was valid under Mass. Gen. Laws ch. 191, § 22.

CONCLUSION

The court remanded to the trial court to enter a judgment modifying the trust.

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