Section 27 Transfer of trust estate; petition - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 27. See 2008, 521, Sec. 44.]

Section 27. If a trustee appointed under a will by a probate court of the commonwealth holds trust estate the final disposition of which depends upon the death of an absentee, such trustee, or any person who would be interested in the trust estate or any portion thereof, if such absentee were dead, may file a petition under oath in the probate court for the county where such trustee was appointed, stating to the best of his knowledge and belief the name, age, last known occupation, last known residence and address of such absentee, and the last place where he was known to be, the date and circumstances of his disappearance or absconding, and the names and residences of his wife, children and issue at the time of his disappearance or since, and of those who would have been his heirs at law and next of kin if he had died at the time of filing the petition, and the names and residence of the family of such absentee, and of other persons of whom inquiry may be made, and containing a schedule or statement of such trust estate, real and personal, so far as known, and the names and residences, so far as known, of the persons who would be entitled to the trust estate if said absentee had died intestate within the commonwealth on the day fourteen years after the date of his disappearance. Such petition shall contain as parties the name of such trustee and of such absentee and the names and residences, so far as known to the petitioner, of the persons who would be entitled to the trust estate if such absentee had died intestate within the commonwealth on said day, and of the persons who under his will or otherwise would be entitled to the trust estate if he had then died, and the description of the class of persons, if their names or existence are unknown, who might be entitled as aforesaid, and all persons whom it may concern, excepting however any of such persons or parties who are petitioners, and shall pray that the trust estate, both principal and any accumulations from unpaid income or otherwise, shall be transferred to the persons as trustees who would be entitled to such trust estate if such absentee had died within the commonwealth on the day fourteen years after the date of his disappearance, and in the proportions to which each would be entitled.