Ginsberg, et al. v. Ginsberg, et al. (Lawyers Weekly No. 09-057-17)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 17-00859-BLS1 FAYE S. GINSBERG1 & another2 vs. BRUCE C. GINSBERG & others3 MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTIONS TO DISMISS This case presents a dispute between a sister and brother. The sister disputes (1) the basis of testamentary decisions made by their mother, and (2) the brother’s stewardship as a trustee of trusts established by their parents. The threshold issue is whether the sister’s act in commencing this litigation is a violation of the “no contest” provision in the relevant trust such that this action 1 Individually and as legal guardian of her adult son Andrew Blacker. 2 Taylor Blacker. 3 International Ice Cream Corporation; New England Ice Cream Corporation; Bliss Restaurant Corporation; Bliss Microcreamery Corporation; Ginsberg Taunton Properties LLC; Ginsberg Norton Properties LLC; The 1010 Broadway LLC; 118 Pleasant Street LLC; LSW Properties LLC; Blodgett Avenue LLC; Bruce C. Ginsberg, as co-trustee of the Manuel and Shirley Ginsberg Irrevocable Trust u/d/t dated December 14, 1991, the Manuel and Shirley Ginsberg Pleasant Street Annuity Trust u/d/t dated February 1, 1992, the Ginsberg Family Trust u/d/t January 1, 2005, the Manuel Ginsberg Revocable Trust, as amended and restated in July 2004, and as trustee of the Ginsberg Grandchildren’s u/t/d December 31, 1992, and the Shirley Ginsberg Revocable Trust, as amended and restated July 8, 2015; J. Robert Casey, as co-trustee of the Manuel and Shirley Ginsberg Irrevocable Trust u/d/t dated December 14, 1991 and the Manuel Ginsberg Revocable Trust, as amended and restated in July 2004; Maxwell Ginsberg; Benjamin Ginsberg; and minors Samuel Ginsberg, Zachary Ginsberg. 1 should be dismissed. The brother, and other defendants affiliated with him, contend that by this action the sister has forfeited her beneficial interests in the trusts. Thus, defendants move to dismiss for lack of standing. Plaintiff, Faye S. Ginsberg (Faye)1, is the sister of defendant, Bruce C. Ginsberg (Bruce). They are the adult children of Manny and Shirley Ginsberg, both of whom are deceased. Faye brings this action on behalf of herself, and as legal guardian of her adult, handicapped son, Andrew Blacker. Faye is joined as a plaintiff by Taylor Blacker, Faye’s adult daughter. In this memorandum, plaintiffs’ claims will be referred to, collectively, as Faye’s claims. The Third Amended Complaint (Complaint) names Bruce as a defendant, in his individual capacity as well as in his capacity as trustee of certain trusts. A co-trustee, J. Robert Casey, is also sued. Bruce’s children, Maxwell, Benjamin, Samuel and Zachary, are also named as defendants. In this memorandum, these defendants will be referred to, collectively, as Bruce, unless the circumstances require more specificity. Finally, the list of defendants includes ten corporations allegedly controlled by […]