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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berish v. Bornstein, 437 Mass. 252 (2002)

Citation
Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document
Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-06-28

Other Sections in This Document (93)

Full Text

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The Bomstein trastees have raised additional issues on appeal. First, they assert that the master violated the judge’s February 28, 1997, order by revisiting his findings associated with the breach of fiduciary claims (Counts XIV to XVI) against Jamila, Paul, and Morris Bomstein as trustees for failing to collect common area charges from the nominee trust. The judge had rejected this objection because “[t]he master was not forbidden to clarify or to supplement his earlier findings if . . .he observed that his earlier findings may have been confusing and possibly been misunderstood by the court.” Gardner v. Peabody, 23 Mass. App. Ct. 168, 173 (1986). We agree and find no error.