reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 203e - Massachusetts Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1011 - Interest as General Partner

Section 1011. Interest as general partner
(a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner, in a general or limited partnership, shall not be personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed under chapter 108A or chapter 109.
(b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner shall not be personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c) The immunity provided by this section shall not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or 1 or more of the trustee's descendants, siblings or parents, or the spouse of any of them.
(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor shall be personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 203e - Massachusetts Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1012 - Protection of Person Dealing With Trustee

Section 1012. Protection of person dealing with trustee
(a) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers shall be protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee shall not be required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated shall be protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries shall prevail over the protection provided by this section.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 203e - Massachusetts Uniform Trust Code › Article 10 - Liability of Trustees and Rights of Persons Dealing With Trustee › Section 1013 - Certification of Trust

Section 1013. Certification of trust
(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:
(1) that the trust exists and the date the trust instrument was executed;
(2) the identity of the settlor;
(3) the identity and address of the currently acting trustee;
(4) the powers of the trustee;
(5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(6) the authority of co-trustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;
(7) the trust's taxpayer identification number; and
(8) the manner of taking title to trust property.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust shall state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(d) A certification of trust need not contain the dispositive terms of a trust.
(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.
(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained in the certification are incorrect shall not be liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(h) A person making a demand for the trust instrument, in addition to a certification of trust or excerpts, shall be liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
(i) This section shall not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 1 - Specific Performance of Decedent's Land Contracts

Section 1. If a person who has entered into a written agreement for the conveyance of real estate or holds real estate which by operation of law is subject to be conveyed to others, dies or is put under guardianship or conservatorship or disappears or absconds with the result that a receiver of his property is appointed under chapter two hundred, without having made such conveyance, the probate court shall have jurisdiction in equity concurrent with the supreme judicial and superior courts to enforce specific performance of such agreement or obligation to convey; and, upon a petition therefor by any person interested in the conveyance, shall, after notice, if upon hearing it appears that the deceased, were he living, or the ward, were he not under guardianship or conservatorship, or the absentee, had he not disappeared or absconded as aforesaid, would be required to make the conveyance, order the executor or administrator, or the guardian, conservator or receiver to make the same, which conveyance shall have like force and effect as if made by the person who agreed or was liable to convey. Such concurrent jurisdiction shall also extend to the specific enforcement of reconveyance by persons alleged to be improperly holding or retaining property belonging to the estate of a deceased person, or to a person under guardianship or conservatorship, or to a person of whose property a receiver has been appointed under said chapter two hundred, and to the cancellation of deeds, releases or other conveyances or acquittances executed by a person since deceased or by a person since placed under guardianship or conservatorship or of whose property a receiver has been appointed as aforesaid, on petition of the executor, administrator, guardian, conservator or receiver, as the case may be.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 2 - Consent of a Deceased Person; Power of Court to Decree Conveyance

Section 2. If, under a will, the sale of real estate by a trustee, executor or administrator with the will annexed is dependent upon the consent of a person who has deceased, the probate court having jurisdiction of the settlement of the estate may, in its discretion, and if all parties interested assent, authorize the sale and conveyance of such real estate in like manner as if no such consent had been required.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 4 - Vested or Contingent Interests; Power of Fiduciaries to Release

Section 4. An executor, administrator, guardian, conservator or trustee may, after the notice required upon a petition by him for a license to sell real estate, be authorized by the probate court to release and discharge, upon such terms and conditions as may appear to be proper, a vested, contingent or possible right or interest, if such release or discharge appears to be for the benefit of the person or estate which he represents.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 5 - Cemetery Lots; Sale or Release

Section 5. An executor, administrator, guardian, conservator or trustee may be authorized by the probate court, after notice to all persons interested, to sell and convey or release upon such terms and in such manner as the court may order, lots in cemeteries belonging to the person or estate by him represented.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 6 - Mortgage Given Under License of Court; Contents

Section 6. A mortgage given by an executor, administrator, guardian, conservator or trustee under license of court may contain a power of sale, and every such mortgage shall state that it is made under license of court and the date of such license.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 7 - Petitions for Sales by Foreign Fiduciaries; Venue

Section 7. All proceedings in probate courts relative to sales by a foreign executor, administrator, guardian, conservator or trustee shall be in the county where an authenticated copy of his appointment is first filed.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 8 - License to Sell; Duration

Section 8. No license to sell by an executor, administrator, guardian, conservator or trustee shall be in force for more than one year after the granting thereof, except as provided in section eighteen of chapter two hundred and two.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 9 - Proceeds of Sales; Surplus; Disposition

Section 9. In every sale of the real estate of a deceased person or a ward by an executor, administrator, guardian or conservator, the surplus of the proceeds remaining on the final settlement of the accounts shall be considered as real estate, and shall be disposed of to the same persons and in the same proportions to whom and in which the real estate if not sold would have descended or have been disposed of by law.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 10 - Grant of License; Objections; Costs

Section 10. If a person appears and objects to the granting of a license to sell real estate and the court finds that either the petition or the objection thereto is unreasonable, it may award costs to the prevailing party.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 11 - Persons Licensed to Sell Realty; Examination

Section 11. A person authorized to sell land under license of court shall be required, upon petition to the probate court by an heir, creditor, ward or other person interested in the estate, to answer on oath as to all matters relative to his exercise and fulfilment of said license as fully as he is liable to account and be examined relative to personal property. If, in relation to the exercise of such license or to a sale under it, there is any neglect or misconduct in the proceedings of such person by which a person interested in the estate suffers damage, such interested person may recover compensation therefor on the probate bond or otherwise as the case may require.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 12 - Church, etc., Property; Sale or Transfer

Section 12. The supreme judicial court, upon petition of a party interested and after notice, may order the sale or transfer of any real or personal property held for churches, cemeteries or other like trusts and the investment or disposition of the proceeds, and may make orders and decrees necessary to secure the rights of owners of, or of other persons claiming an interest in, pews or in tombs or lots in cemeteries.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 19 - Irregularities in Proceedings; Effect

Section 19. No sale of real estate under license of court, and no title thereunder, shall be avoided for the reason that the deed was not delivered within one year after the license, or on account of any irregularity in the proceedings, if it appears—
First, That the license was granted by a court of competent jurisdiction;
Second, That the person licensed gave a bond approved by the court or judge granting such license, if a bond was required;
Third, That the notice of the time and place of sale was given according to the order of the court; and
Fourth, That the property was sold by public auction in accordance with the notice, and is held by one who purchased it in good faith.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 20 - Adverse Claims to Title

Section 20. If the validity of a sale is drawn in question by a person claiming adversely to the title of the deceased or of the ward, or under a title not derived from or through the deceased or the ward, the sale shall not be void by reason of any irregularity in the proceedings, if the executor, administrator, guardian, conservator or trustee was licensed to make the sale by a court of competent jurisdiction and executed and acknowledged in legal form a deed of the property.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 21 - Debts; Adjudication; Finality

Section 21. If a license is granted by a probate court for a sale or mortgage of real estate to pay the debts and charges of a deceased person or of a person under guardianship or conservatorship, the adjudication of said court as to the existence of such debts and charges shall be final so far as the same may affect any title acquired by virtue of such license, but shall not affect the right of the executor, administrator, guardian or conservator to contest the validity of such debts and charges.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 22 - Realty Sold by Fiduciaries; Limitation of Action or Entry

Section 22. No action for the recovery of property sold by an executor or administrator under chapter two hundred and two shall be maintained by an heir or other person claiming under the deceased unless commenced within five years next after the sale; and no action for property sold by a guardian or conservator under said chapter shall be maintained by the ward or by any person claiming under him unless commenced within five years next after the termination of the guardianship or conservatorship; but persons out of the commonwealth and minors and others under legal disability to sue when their right of action first accrues may commence such action at any time within five years after the removal of the disability or after their return to the commonwealth. No entry, unless by judgment of law, shall be made upon land so sold, with a view to avoid the sale, unless within the times of limitation before prescribed for the commencement of an action.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 23 - Void Acts of Fiduciaries; Confirmation or Setting Aside

Section 23. If an act or proceeding of a person acting as executor, administrator, guardian, conservator, trustee, receiver, commissioner or in any other fiduciary capacity under an appointment or license of a probate court is void or voidable by reason of an irregularity or of want of jurisdiction or authority in the court which made the appointment or granted the license, any person interested in or affected by such act or proceeding may have the matter heard and determined by the supreme judicial court in equity, which may confirm or set aside, in whole or in part, the act or proceeding.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 24 - Doubtful Acts or Proceedings of Fiduciaries or Court; Ratification

Section 24. If the authority or validity of an act or proceeding of the probate court or of a person acting as executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee is drawn in question by reason of an alleged irregularity, defective notice or want of authority, any party interested in or affected by such act or proceeding may apply to the probate court having jurisdiction of the subject matter relative to which the act or proceeding has been had, and the court, after notice to all parties interested, and to the persons who may be the parents of such parties not in being, with power to appoint a guardian or next friend to represent the interests of any person unborn or unascertained, may hear and determine the matter and confirm the act or proceeding, in whole or in part, and may authorize and empower the executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee, or any successor or other person who may be legally appointed to act in the same capacity, to ratify and confirm such act or proceeding and to execute and deliver such deeds, releases, conveyances and other instruments as may be found necessary therefor; but no act or proceeding shall be ratified or confirmed which the court might not have passed or authorized in the first instance upon due proceedings.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 25 - Irregularly Appointed Fiduciary; Liability to Account

Section 25. An executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court whose appointment is invalid by reason of an irregularity or of want of jurisdiction or authority in the court which made it, shall account for all money, property or assets coming to his hands in said capacity as if the appointment had been regular and valid; and any bond given in pursuance of such appointment shall be valid and binding on the principals and sureties; and payments to or by a person so appointed, if in other respects properly made, may with the approval of the probate court be ratified and confirmed by the executor, administrator, guardian, conservator or trustee who is afterward legally appointed.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 26 - Notice of Sale; Failure of Proof; Remedy

Section 26. If an executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court, or a person employed by him to give notice of sale of real estate, has failed to file an affidavit of such notice in the probate court and such affidavit cannot be obtained, the court may, upon petition of any person interested in real estate the title to which may be affected thereby, stating the particular failure complained of and averring that the affidavit cannot be obtained, order notice by publication to creditors of, and others interested in, the estate in the settlement of which the failure complained of occurred. If, upon return of such notice and after hearing, the court is satisfied that such notice was in fact given, it may make a decree to that effect.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 27 - Release; Powers

Section 27. A power of appointment, whether or not coupled with an interest, and whether or not existing at the time this section takes effect, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power. As used in sections twenty-seven to thirty-five, inclusive, the term power of appointment includes all powers which are in substance and effect powers of appointment regardless of the language used in creating them and whether they are: (a) general, special, or otherwise; (b) in gross, appendant, simply collateral, in trust, or otherwise; (c) exercisable by will, deed, deed or will, or instrument amending a trust, or otherwise; (d) exercisable presently or in the future.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 28 - Method of Release

Section 28. A power releasable according to section twenty-seven, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by the exercise of the power, or to any person who alone or with another or others holds in trust property subject to the power, or, in the case of a power created by will, by the filing of such release in the registry of probate in the county in which such will was proved or allowed. No release of a power of appointment shall be valid as to land in the commonwealth subject to such power, except as against the releasor and persons having actual notice of the release, unless (a) in case of a power created by will or other written instrument, the release is acknowledged in the manner required in the case of deeds of land to entitle them to be recorded and is recorded in the registry of deeds for the county or district in which the land lies or, in the case of registered land, is filed and registered in the office of the assistant recorder for the registry district where the land lies or (b) in case of a power created by will, the release is filed in the registry of probate in the county in which such will was proved or allowed.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 29 - Effect and Scope of Release

Section 29. A release executed by the donee of a power releasable according to section twenty-seven, or under common law, and delivered or filed in accordance with the first sentence of section twenty-eight, shall, subject to the second sentence of section twenty-eight, be effective to release the power to the extent in such release provided, whether it in substance provides for the release of all right of the donee to exercise the power, or for the release of all right of the donee to exercise the power otherwise than in respect of a part, therein defined, of the property subject to the power, or for the release of all right of the donee to exercise the power otherwise than to or for the benefit of, in trust for, or in favor of a person or persons or class or classes of persons, therein specified, or an object or objects or class or classes of objects, therein defined.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 30 - Exercise of Power by Several Persons; Release by One; Effect

Section 30. If a power of appointment releasable according to section twenty-seven, or under common law, is or may be exercisable by two or more persons in conjunction with one another or successively, a release of the power, in whole or in part, executed, and delivered or filed, in accordance with the first sentence of section twenty-eight, by any one of the donees of the power, shall, subject to the second sentence of section twenty-eight, be effective to release, to the extent therein provided, all right of such person to exercise or to participate in the exercise of the power, but, unless the instrument creating the power otherwise provides, shall not prevent or limit the exercise or participation in the exercise thereof by the other donee or donees thereof.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 31 - Release; Definition

Section 31. The word ''release'', as used in sections twenty-eight to thirty, inclusive, shall include (1) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (2) an instrument wherein the person who executes it in substance states that he releases all right to exercise or participate in the exercise of a power of appointment otherwise than within limits therein defined or agrees not to exercise or participate in the exercise of a power of appointment otherwise than within limits therein defined.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 32 - Restraint of Alienation or Anticipation Provisions

Section 32. Release of a power of appointment otherwise releasable shall not be prevented merely by provisions in restraint of alienation or anticipation contained in the instrument creating the power.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 33 - Construction

Section 33. Sections twenty-seven to thirty-two, inclusive, shall so far as possible be deemed to be declaratory of the common law of this commonwealth. Said sections shall be liberally construed so as to effectuate the intent that all powers of appointment whatsoever shall be releasable unless otherwise expressly provided in the instrument creating the power.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 35 - Release or Disclaimer; Construction

Section 35. Nothing in sections twenty-seven to thirty-four, inclusive, shall prevent the release in any lawful manner of any releasable power of appointment or the disclaimer in any lawful manner of any power of appointment.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 204 - General Provisions Relative to Sales, Mortgages, Releases, Compromises, etc., by Executors, Etc. › Section 36 - Severability

Section 36. If any of the provisions in sections twenty-seven to thirty-five, inclusive, shall be held invalid or unconstitutional in relation to any of the applications thereof, such invalidity or unconstitutionality shall not affect other applications thereof, or other provisions in said sections; and to these ends the provisions in said sections are declared to be severable.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 1 - Bond of Receiver of Absentee or Guardian

Section 1. A receiver of an absentee, and, unless otherwise expressly provided, a guardian before entering upon the duties of his trust, shall give bond with sufficient sureties, in such sum as the probate court may order payable to the judge of said court and his successors, and with condition substantially as follows:
1. In the case of a receiver of an absentee under chapter 200:
With condition substantially as provided for the bond of an executor or administrator, and with the further condition to obey all orders and decrees made by the probate court.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 6a - Surety Not Required on Bonds Filed by National Banks

Section 6A. No surety shall be required upon bonds filed by national banks, located in the commonwealth and duly permitted to act in a fiduciary capacity, as receiver, assignee, guardian, conservator except that the court appointing such a bank as such a fiduciary, other than as trustee, may upon application of an interested person require the bank so appointed to give such security, in addition to the lien or security provided by the laws of the United States, as the court may consider proper, and upon failure of such bank to give the security required may revoke such appointment and remove such bank.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 9 - Sureties on Bonds; Requirements

Section 9. Sureties on probate bonds shall be inhabitants of the commonwealth, and satisfactory to the judge or register; except that companies permitted by section one hundred and five of chapter one hundred and seventy-five to act as sureties may be accepted in accordance with the provisions thereof and that, if the property of a person under guardianship or conservatorship is composed in whole or in part of any benefit, estate or income paid or payable by or through the United States veterans' bureau or its successor and exceeds five hundred dollars, the surety on the bond of the guardian or conservator shall be such a company.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 10 - Approval by Judge or Register

Section 10. No bond required to be given to a judge of probate or to be filed in a registry of probate shall be sufficient, unless it has been examined and approved by the judge or register, and his approval over his official signature written thereon.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 11 - Joint Fiduciaries; Joint or Separate Bonds

Section 11. Two or more persons acting jointly as executors, administrators, trustees or otherwise, who are required to give bonds, may give either separate or joint bonds.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 12 - Joint Executors; Failure to Give Bond; Effect

Section 12. If two or more persons are appointed executors, none shall intermeddle or act as such but those who give bond as before provided.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 13 - Fiduciary; License to Sell or Mortgage Realty; Additional Bond

Section 13. If a license or authority to sell or mortgage real estate is granted to an executor, administrator, guardian, conservator or trustee, no special bond shall be required; but if the court finds the bond already given by him insufficient, it shall, before granting such license or authority, require an additional bond containing the same conditions as are required in the original bond.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 14 - Insufficiency of Sureties; New Bond

Section 14. If the sureties or the penal sum in a probate bond are insufficient, the supreme judicial court or the probate court may, after notice to the principal in such bond, require a new bond with such surety or sureties and in such penal sum as the court orders.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 15 - Discharge of Sureties; New Bond

Section 15. A surety on a probate bond may, upon the petition of the surety or of the principal to the supreme judicial court or the probate court, be discharged from all further responsibility, if the court, after notice to all persons interested, finds such discharge reasonable and proper; and the principal shall thereupon give a new bond with such surety or sureties as the court orders.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 16 - Failure to Give New Bond; Effect

Section 16. If, in the cases specified in the two preceding sections, the principal does not give such new bond within such time as the court orders, he shall be removed from his trust, and another person appointed in his stead.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 17 - Sureties on Prior Bond; Liability

Section 17. If a new bond is required as above provided, the sureties on the prior bond shall be liable for all breaches of the condition thereof committed before the new bond is approved by the judge.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 18 - Penal Sum of Bond; Reduction

Section 18. If a surety company becomes surety on a probate bond, the court may, upon the petition of any party in interest and after notice, reduce the penal sum in which the principal and surety shall be liable for subsequent violations of the conditions thereof.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 19 - Woman Fiduciary; Effect of Marriage

Section 19. In case of the marriage of a woman who is an executrix, administratrix, guardian, conservator or trustee, her sureties shall, upon petition to the probate court in which her bond is filed, be released from further liability thereon, beyond accounting for and paying over the money and property already in her hands by virtue of such trust; and if her sureties are so released, she shall be required to furnish a new bond to the satisfaction of said court, or shall be removed from said trust.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 19a - Joint Control of Trust Estates; Agreements Between Fiduciaries and Sureties; Authorization

Section 19A. Any receiver, assignee, guardian, conservator, trustee, executor, administrator or other fiduciary, or party from whom a bond is required, may agree and arrange with his sureties for the deposit for safekeeping of any or all moneys, assets, and other property for which he is or may be responsible with a bank, savings bank, safe deposit or trust company authorized by law to do business as such in the commonwealth, or to deposit such moneys on paid-up shares and accounts of and in a co-operative bank or to invest such moneys in the purchase of share accounts or in savings deposits accounts of a federal savings and loan association or to invest such moneys in the purchase of share accounts of a savings and loan association located in the commonwealth, and in such manner as to prevent the withdrawal or alienation of such money, assets or other property or any part thereof, without the written consent of such sureties, or an order of the court in which said bond is filed, or of a judge thereof, made on such notice to such sureties as the court or judge may direct.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 20 - Actions Upon Bonds by Creditors

Section 20. A bond given by an executor or administrator for the performance of his trust may be put in suit by a creditor of the deceased for his own benefit, when such creditor has recovered judgment for his debt against the executor or administrator and he has neglected upon demand to pay the same or show sufficient goods or estate of the deceased to be taken on execution for that purpose.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 21 - Creditors; Amount Due Ascertained by Decree of Distribution

Section 21. A creditor of an estate which has been represented insolvent may bring such action if the amount due him has been ascertained by the decree of distribution, and the executor or administrator neglects upon demand to pay it.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 22 - Actions Upon Bonds by Next of Kin

Section 22. Such action may be brought by a person who is next of kin to recover his share of the personal property after a decree of the probate court ascertaining the amount due him, if the executor or administrator neglects upon demand to pay it.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts › Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers › Section 23 - Actions Upon Bonds by Person Aggrieved by Maladministration of Fiduciary

Section 23. If the probate court, upon the representation of a person interested in an estate, finds that the executor or administrator has failed in any manner not specified in the three preceding sections to perform the conditions of his bond, it may authorize any creditor, next of kin, legatee or other person aggrieved by such maladministration to bring an action on the bond.