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Massachusetts Agencies

Trustees: Power to Sell

Trusts and Trustees

The power to sell does not include the power to give away. See Fratcher, Scott on Trusts, Little, Brown & Company (Fourth Edition, 1988), §190.10. See also, Clune v. Norton, 306 Mass. 324, 28 N.E.2d 229. However, if the settlor reserved a power of revocation it would appear that the trustee could give the property back to the settlor,[1] or, presumably, to a trust of which he was a beneficiary.

1 See Clune v. Norton, 306 Mass. 324, 28 N.E.2d 229 (1940).