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Massachusetts law and naming the decedent as the settlor and sole
beneficiary and Joseph S. Maniglia as trustee. The indenture of
trust was recorded in the registry on August 5, 1977, and has
never been amended. Additionally, an unrecorded statement of
beneficial interest designated the decedent as the sole
beneficiary of the Fam-Trust.
Also on August 1, 1977, the decedent conveyed the property
to “Frank S. Maniglia” as trustee of the Fam-Trust for a nominal
consideration and recorded the deed in the registry. On
September 14, 1977, the decedent recorded a confirmatory deed in
the registry which stated that, because of a typographical error,
the previously recorded deed had mistakenly referred to Frank S.
Maniglia as trustee when, in fact, Joseph S. Maniglia was the
trustee.
Joseph S. Maniglia managed the property, except for a period
in the early 1980s when he was unable to perform his management
responsibilities. The bank account into which rents were
deposited and from which expenses were paid was at all times in
the name of “Fam-Trust”.
On June 8, 1978, Joseph S. Maniglia signed a building permit
with the City of Boston which named “FAM Trust” as the owner of
the property. All documentation relating to the building permit
indicated that “FAM Trust”, or Joseph S. Maniglia, trustee of the
Fam-Trust, was the owner of the property.
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Last modified: May 25, 2011