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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. MIDDLESEX SUPERIOR COURT
CIVIL ACTION NO.
RECEIVED
GEORGE W. HODGETTS, INDIVIDUALLY AND
AS BENEFICIARY OF THE DIANNE BLANDON
3/25/2021
PARENTS TRUST u/d/t/ 2/3/1997,
Plaintiff
Vv.
JULIE MCQUADE LADIMER, INDIVIDUALLY and
As TRUSTEE OF THE DIANNE BLADON PARENTS
TRUST u/d/t 2/3/1997 AND AS TRUSTEE OF THE
DIANNE HODGETTS IRREVOCABLE LIFE
INSURANCE TRUST u/d/t/ DECEMBER 4, 2019
Defendant
VERIFIED COMPLAINT
INTRODUCTION
This is an action for Declaratory Judgment and Breach of Fiduciary Duty brought by
George W. Hodgetts, individually and as a Beneficiary (“George”) of The Dianne Blandon
Parents Trust w/d/t 2/3/1997 (“The Parents Trust”), against Julie McQuade Ladimer
(‘Ladimer”), individually and as Trustee of The Parents Trust and as Trustee of The Dianne
Hodgetts Irrevocable Life Insurance Trust w/d/t December 4, 2019 (“The ILIT”). George is the
father of Dianne Hodgetts f/k/a Dianne Bladon (“Dianne”). Dianne established The Parents
Trust and named George and George’s former wife, Nancy M. Daughan, (“Nancy”) as the
beneficiaries of The Parents Trust. Nancy died in 2015 leaving George as the sole beneficiary
under The Parents Trust. The Parents Trust is an Irrevocable Trust and states at Section I that
“This trust is irrevocable, it may not be altered, amended, revoked or changed in any way 2
The only asset in the Parents Trust was a Genworth Life and Annuity Insurance Policy, Policy
1
Number 8272708, with a death benefit of $500,000 (“Genworth Life Insurance Policy).
M.GLL. c. 203E, Sec. 802(a) provides, in material part, that “A Trustee shall administer the trust
solely in the interests of the beneficiaries.” On or about December 4, 2019, Dianne executed The
ILIT and Dianne funded the [LIT with a MetLife insurance policy which she had purchased
through her employer. As Trustee of The Parents Trust, Ladimer transferred the Genworth Life
Insurance Policy from The Parents Trust to the ILIT. Ladimer is also trustee of the ILIT. Said
transfer left The Parents Trust, which is an irrevocable trust, completely unfunded.
Massachusetts has no decanting statute and The Parents Trust did not give Ladimer the power to
defund The Parents Trust sole asset pursuant to its terms. In fact, Ladimer breached its fiduciary
duty to George by defunding The Parents Trust. Upon information and belief, the beneficiary of
the ILIT is The Hodgetts Living Trust u/d/t July 16, 2019 (“Living Trust”). Dianne died on
August 23, 2020. Upon information and belief, the Living Trust has a specific distribution to
George of $150,000.00 which is unrelated to the $500,000.00 that he was supposed to receive
under The Parents Trust and the $650,000.00 in total which he should be receiving from both
The Parents Trust and the Living Trust.
PARTIES
1 Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon
Parents Trust u/d/t 2/3/1997 is a resident of the State of Alabama and has a principal
place of abode located at 1110 Huntley Apartment Drive, Pelham, Alabama 35124.
George is the father of Dianne Hodgetts, who died on August 23, 2020.
Defendant, Julie McQuade Ladimer, upon information and belief, is an attorney licensed
in the Commonwealth of Massachusetts with a principal place of business located at
Ladimer Law, 209 W. Central Street, Suite 315B, Natick, MA 01760. Ladimer is the
Successor Trustee of The Parents Trust and the Trustee of The ILIT. Ladimer is named as
a Defendant both Individually and as Trustee of The Parents Trust and The ILIT.
FACTUAL BACKGROUND
George is a beneficiary under The Parents Trust. A copy of The Parents Trust is attached
hereto as Exhibit “1”.
Dianne established The Parents Trust and named her parents, George and Nancy M.
Daughan, as beneficiaries of said trust.
Nancy M. Daughan, George’s former wife, died in 2015.
The Parents Trust is irrevocable.
The initial Trustees of the Parents Trust were Michael Brockelman and John Bladon.
Michael Brockelman resigned as Trustee on August 21, 2019 and he did not name a
successor trustee.
John Bladon resigned as Trustee on September 10, 2019 and assented to the Grantor’s
appointment of Ladimer as successor Trustee.
10. Under section VII(D) of The Parents Trust, the Grantor appointed Ladimer
as successor Trustee.
11 The only asset in The Parents Trust was the Genworth Life Insurance Policy.
12. Dianne paid the premiums on the Genworth Life Insurance Policy until her passing on
August 23, 2020.
13 In 2019, Dianne hired Ladimer to update her estate plan.
14, Dianne, upon information and belief, executed The Hodgetts Living Trust u/d/t July 16,
2019 (“Living Trust”).
15 Dianne executed the Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t
12/4/2019 (““ILIT”) on or about December 19, 2019.
16. Dianne named Ladimer as Trustee of the ILIT.
17 As Trustee of The Parents Trust, Ladimer transferred the Genworth Life Insurance Policy
from The Parents Trust to the ILIT.
18. The Parents Trust is a non-charitable irrevocable trust and Ladimer did not have the
power to modify or terminate The Parents Trust except in accordance with M.G.L. c.
203E, Sec. 411 and she did not comply with this statute.
19 Ladimer owed a fiduciary duty to George as Beneficiary of The Parents Trust.
20. M.GLL. c. 203E Sec. 802(a) provides, in material part, that:
29
“A trustee shall administer the trust solely in the interests of the beneficiaries
21 Ladimer breached her fiduciary duty and duty of loyalty to George, as beneficiary of The
Parents Trust, by transferring the Genworth Life Insurance Policy from The Parents Trust
to the ILIT and thereby defunding The Parents Trust.
22. Ladimer is liable both personally and in her capacity of Trustee of The Parents Trust to
George.
23 Ladimer stated, in correspondence to George dated December 4, 2020, that she advised
Dianne to execute an ILIT to protect the death benefit of the policy from estate tax, yet
the transfer from the Parents Trust to the ILIT is an incident of ownership that would
subject the asset to estate tax. A copy of the December 4, 2020 letter is attached hereto as
Exhibit “2”.
24, The beneficiary of the ILIT is the Living Trust.
25 Dianne was the sole Trustee of the Living Trust. Her son, John H. Bladon, is the
Successor Trustee of the Living Trust.
26 The Living Trust provides for specific bequests in the amount of $150,000 to each of her
brother Stephen W. Hodgetts, her sister Amy H. Covington, and George.
27 The Living Trust provides for a specific bequest of $200,000 to Dianne’s surviving
spouse, Noel Martin.
28 The Living Trust divides the remaining Trust assets into five shares: one-fifth to each of
Dianne’s four children and the remaining one-fifth share to be split among her nephews.
29, Ladimer wrongfully shifted the beneficial interests of The Parents Trust to the detriment
of George, who receives a substantially lower share under the Living Trust.
30. Ladimer, in her capacity as a Trustee of The Parents Trust, failed to act in the best
interests of George, as beneficiary, when she transferred the life insurance policy from
The Parents Trust to the ILIT.
31 Ladimer did not have authority pursuant to the terms of The Parents Trust or pursuant to
a decanting statute to defund The Parents Trust.
COUNT I
BREACH OF FIDUCIARY DUTY AND DUTY OF LOYALTY
32 The allegations contained in paragraphs 1 — 31 above are incorporated herein as if
individually set forth.
33 Ladimer, as Trustee of The Parents Trust, owed George, as beneficiary of The Parents
Trust, a fiduciary duty.
34 Ladimer, as Trustee of The Parents Trust, owed George, as beneficiary of The Parents
Trust, a duty of loyalty.
35 Ladimer breached her fiduciary duty and duty of loyalty to keep George informed of a
substantial transaction affecting the nature and value of his beneficial interest in The
Parents Trust.
36 It was only after Dianne’s death that Ladimer informed George that she defunded The
Parents Trust by transferring the life insurance policy from The Parents Trust to the ILIT,
approximately one year after the transfer.
37. Ladimer breached her fiduciary duty to preserve and protect The Parents Trust assets for
the benefit of George, as beneficiary, of The Parents Trust.
38. Ladimer breached her duty to act in the best interest of George, as beneficiary, when she
transferred the policy from The Parents Trust to the ILIT.
39. Ladimer breached her duty to honor the terms of The Parents Trust by diverting the only
asset to a different trust with different beneficiaries.
40 George suffered substantial monetary damages resulting from Ladimer’s breach of
fiduciary duty and breach of the duty of loyalty.
41 Cause exists for the removal of Ladimer as Successor Trustee based upon the following
grounds of breach of fiduciary duty.
COUNT Il - DECLARATORY JUDGMENT
42, The allegations contained in paragraphs 1-41 are incorporated herein as if individually set
forth.
43 An actual controversy has arisen regarding The Parents Trust, Ladimer’s authority to
transfer the Genworth Life Insurance Policy from The Parents Trust to the ILIT,
Ladimer’s authority to defund The Parents Trust and the duty owed by Ladimer, as
Trustee of The Parents Trust, to George, as beneficiary of The Parents Trust.
44, George contends that he is entitled to the entire distribution of money from the Genworth
Life Insurance Policy.
45 George seeks a declaration from this Court that Ladimer has improperly transferred the
Genworth Life Insurance Policy from The Parents Trust to the ILIT.
46. George seeks a declaration from this Court that Ladimer has breached her fiduciary duty
to George as Trustee of The Parents Trust by defunding The Parents Trust.
47 George seeks a declaration from this Court that he is entitled to the distribution of money
from the Genworth Life Insurance Policy.
48 George seeks a declaration from this Court that Ladimer breached her fiduciary duty to
George as beneficiary of The Parents Trust.
49. George seeks a declaration from this Court that Ladimer breached her duty of loyalty to
George as beneficiary of The Parents Trust.
50. George also seeks a declaration of his rights and the Defendants rights in the Living
Trust.
WHEREFORE, the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne
Blandon Parents Trust u/d/t 2/3/1997, hereby requests this Honorable Court to order the
following relief:
(1) Enter judgment for the Plaintiff, George W. Hodgetts, Individually and as beneficiary of
the Dianne Blandon Parents Trust u/d/t 2/3/1997, against the Defendant, Julie McQuade
Ladimer, Trustee of The Dianne Bladon Parents Trust u/d/t 2/3/1997 and as Trustee of
The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019 on all
counts in an amount that this court deems just and proper, together with interest, costs,
and attorney’s fees;
(2) That his Court adjudicate and issue an order declaring the rights, duties and obligations of
the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon
Parents Trust u/d/t 2/3/1997, against the Defendant, Julie McQuade Ladimer, Trustee of
The Dianne Bladon Parents Trust w/d/t 2/3/1997 regarding The Dianne Blandon Parents
Trust u/d/t 2/3/1997;
(3) That his Court adjudicate and issue an order declaring the rights, duties and obligations of
the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon
Parents Trust w/d/t 2/3/1997, against the Defendant, Julie McQuade Ladimer, Trustee of
The Dianne Bladon Parents Trust w/d/t 2/3/1997 and as Trustee of The Dianne Hodgetts
Irrevocable Life Insurance Trust u/d/t December 4, 2019 regarding the Genworth Life
and Annuity Insurance Policy, Policy Number 8272708 and/or the proceeds from said
policy.
(4) That his Court adjudicate and issue an order declaring the rights, duties and obligations
owed by the Defendant, Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents
Trust u/d/t 2/3/1997 to the Plaintiff, George W. Hodgetts, Individually and as beneficiary
of the Dianne Blandon Parents Trust w/d/t 2/3/1997;
(5) That his Court adjudicate and issue an order that Julie McQuade Ladimer, Trustee of The
Dianne Bladon Parents Trust w/d/t 2/3/1997 restore the Genworth Life and Annuity
Insurance Policy, Policy Number 8272708 and/or the proceeds therefrom which she
transferred to The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4,
2019;
(6) That this Court adjudicate that Defendant, Julie McQuade Ladimer, Trustee of The
Dianne Bladon Parents Trust u/d/t 2/3/1997 and as Trustee of The Dianne Hodgetts
Irrevocable Life Insurance Trust u/d/t December 4, 2019, her agents, officers, servants,
employees, attorneys, representatives, or others acting on her behalf, be enjoined and
restrained from transferring, selling, assigning or in any other way disposing of any life
insurance policies, life insurance proceeds, real estate, monies, sale proceeds, or any
other assets of The Dianne Bladon Parents Trust u/d/t 2/3/1997 and/or The Dianne
Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019, unless by agreement
of the parties and/or further order of this Court.
(7) That this Court issue an order removing the Defendant, Julie McQuade Ladimer, as
Trustee of The Dianne Bladon Parents Trust u/d/t 2/3/1997.
(8) That this Court issue an order removing the Defendant, Julie McQuade Ladimer, as
Trustee of The Dianne Hodgetts Irrevocable Life Insurance Trust w/d/t December 4,
2019;
(9) That this Court issue such other and further relief as this Court shall deem fair, just and
equitable.
Respectfully Submitted,
PLAINTIFF
By His attomey,
Ln_s
Cameron C. Pease
Fe
BBO #561906
Goldman & Pease LLC
160 Gould Street, Suite 320
Needham, MA 02494
(781) 292-1080
cpease@goldmanpease.com
patep:__/ 2/0 >/
VERIFICATION
I, the undersigned, being first and duly sworn, on oath depose and say that 1, George
W.
Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents ‘Trust u/d/t
2/3/1997,
am familiar with the facts of this matter and as such I kaow the contents of said
Complaint, have
tead the Complaint, and can state that, as to all matters of fact therein Stated, the same
are true,
and that no material facts have been omitted.
Yet Hodgetts,
W, Ud age
George
Dianne Bh indon Parents Trust4i/d/t 2/3/1997
Individually and as beneficiary of the
10
EXHIBIT “1”
THE DIANNE BLADON PARENTS TRUST
TABLE OF CONTENTS
I. Name of Trust and Irrevocability .- +e wetter eee 2
Ir. Payments ate eee wee scene eee
A. During the Lives of the Grantor’s Parents . eee ee eee oe
B. Withdrawal Rights During the Life of the Grantor . we see
c. Termination of Trust Upon Deaths of the Grantor’s
Parents Be eee were rere eens weer
e eee tee eran e ne . 3
III. Spendthrift Provision she vee eens Be ee ee ee eee ee « 3
Iv. Satisfaction of Liabilities soe : ‘
A. Payment of Expenses of Any Beneficiary for Last
Illness and Funeral eee eee +s . see ee we .
B. Retention of Securities or Other Property ......6..+5 we .
Cc. Loans to Executors or Administrators a teenee ae +
D. Satisfaction of Liabilities After Deaths of “th e
Grantor’s Parents ........ wee eee e eee oe see eee nee . we. .
Vv. Trustees’ Powers va fate Meeewe . see te ee oe . . *
A. Retention of Property ae + eee eee eee
B. Disposition of ea eee
Property a ees .. ae sens *
c. Investment and Reinvestment of Trust Property sees
D. Management of Real Property .........4+ « wees ae
E. Retention and Operation of Business ne ee aa eee
F. Care of Personal Property . eae sees
G. Abandonment of Property oe ies oe
H. Life Insurance bee oe we shee
I. Employment of Agents . eee waa see
J. Payment of Claims * +e ee ee
K. Distribution to Minors ae ea
L. Maintenance of Securities we . be tae ee
M. Participation in a Reorganization we a
N. Investment in Common Trust Funds * eee ee
oO. Distribution in Money or in Kind aoe
P. Termination of Trust Shares an 10
Q- Borrowing of Funds tee ee eae tee 10
R. Allocation Between Income and Principal .. ete ewee 10
s. Maintenance of Reserves nee eee seers 10
T. Consolidation of Investments news +e . ne tee e ees 11
U. Employee Benefits hae wees sae +e nee eee 11
Vv. Making of Loans ve és sees wee tee 11
WwW. Retention of Real Estate . tee li
XxX. Division of Trusts weeee . eee ste 12
Y. Environmental Matters ...... snes wae evan eee 12
vI. Accounts i oe ve Benes see wees 13
-i-
VII. Resignation and Successor Trustees Ohh ee oe eed nee 14
A. Resignation and Removal ne wee tenes +8 14
B. Successor Trustees wee . oo 14
Cc. Successor Co-Trustees nee ‘ 14
D. Appointment of Additional Successor Trustees a6 oe is
E. Miscellaneous Trustee Provisions : ws twee es wee 15
VIII. Disclaimers by Beneficiaries * eee eee vee . wee 16
IX. Delegation of Powers to Co-Trustees +e aes ee wees * tae . 16
X. Rules of Construction A eee eee nee whee . eee . 17
A. General Survivorship Provisions sees bbe ‘ * see 17
Adoption of Adults . beeen eee ‘ 17
Cc. Prohibition Against Self-Benefit by Trustees ae 17
D. Scope of the Term "Trustee" eens oe .e 17
E. Use of Pronouns sree wee ea nee 18
F, Exercise of Trustee Powers weed eee oe oe wee 18
Governing Law wees ee aoe eae ee sae 18
XI. Certificates of Authority ...... a beeen oe + wee
een ee ene 18
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THIS AGREEMENT made this 3rd day of February, 1997, between
DIANNE H. BLADON of Wayland, Massachusetts (hereinafter called
the "Grantor") and JOHN BLADON of Wayland, Massachusetts and
MICHAEL D. BROCKELMAN of Holden, Massachusetts (hereinafter
called the "Trustees").
WHEREAS, simultaneously with the execution of this Agreement
the Grantor has delivered to the Trustees the property listed on
their receipt to the Grantor; and
WHEREAS, the Grantor or other persons may hereafter assign
the ownership of or make payable to the Trustees under this
Agreement as beneficiaries of a policy or policies of insurance
upon the life of the Grantor or other persons, subject to any
assignments or claims against said policies, the term "policies"
as hereinafter used, meaning such of said policies as are from
time to time so assigned or so payable except where the context
otherwise requires; and
WHEREAS, other property may hereafter from time to time by
gift, will or otherwise be transferred to and accepted by the
Trustees under this Agreement, the term “other property" as
hereinafter used meaning such other property so transferred to
the Trustees except where the context otherwise requires.
NOW, THEREFORE, the Trustees hereby acknowledge receipt of
said property listed on their receipt to the Grantor and declare
that they will hold, manage, invest and reinvest the same
together with the proceeds of such policies and other property so
far as received by them hereunder, and after paying or making
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provision for all expenses of the trust, including reasonable
compensation for their services, will dispose of the trust
property and the net income therefrom as hereinafter provided:
I. Name of Trust and Irrevocability
This trust is irrevocable, it may not be altered,
amended, revoked or changed in any way and shall be known as and
may be referred to as "The Dianne Bladon Parents Trust."
II. Payments
A. During the Lives of the Grantor’s Parents
The Trustees shall pay such part or all of the income
and principal as the Trustees deem proper in their absolute
discretion to or for the benefit of the Grantor’s parents,
George W. Hodgetts and Nancy M. Daughan, for their comfort,
health, support, maintenance and happiness. No equalization of
payments among the Grantor’s parents is required by the Trustees
at any time.
B. Withdrawal Rights During the Life of the Grantor
Notwithstanding the provisions of Paragraph A, during
the Grantor’s lifetime, each of the Grantor’s said parents shall
have the right in any calendar year upon written notice to the
Trustees to withdraw from the principal of the trust an amount
not exceeding the sum or market value of $5,000.00. These rights
of withdrawal shall be noncumulative. Payment of the amounts
requested shall be made within thirty (30) days after the receipt
of a request by the Trustees. The Trustees may, in their sole
discretion, satisfy any request by a distribution in cash, in
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kind or both. The determination by the Trustees shall be final
and binding on the Grantor’s parents.
c Termination of Trust Upon Deaths of the Grantor’s
Parents
Upon the deaths of the Grantor’s parents, the
Trustees shall pay over the trust property (including principal,
any accumulated income and accrued income) to The Dianne H.
Bladon Irrevocable Trust, created by a Trust Agreement dated
March 27, 1996.
TIl. Spendthrift Provision
No principal or income payable or to become payable under
any trust created under any provision of this Trust shall be
subject to anticipation or assignment by any beneficiary thereof
or to attachment by or to the interference or control of any
creditor of any such beneficiary, or to be taken or reached by
any legal or equitable process in satisfaction of any debt or
liability of such beneficiary prior to its actual receipt by the
beneficiary.
Iv. Satisfaction of Liabilities
The Trustees are authorized in their absolute discretion
to use the income and principal of this Trust from time to time
as follows:
A. Payment of Expenses of Any Beneficiary for Last
1 2s: ny
Upon the death of any beneficiary, to pay his or her
expenses of last illness and funeral expenses. Such payments (if
any) may be made to the person entitled or authorized to receive
and receipt for such payments upon receipt of a certificate from
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the executor or administrator of the beneficiary’s estate stating
the amount due and payable, and the Trustees shall in no way be
bound to inquire into the legality or amount of any payment so
certified.
B Retention of Securities or Other Property
To purchase and to retain as investments any
securities or other property, real or personal, belonging to the
estate of the Grantor’s said parents.
c. Loans to Executors or Administrators
To make loans to the Grantor’s said parents’ execu-
tors or administrators on such terms as the Trustees deem
advisable.
D. Satisfaction of Liabilities After Deaths of the
Grantor's Parents
with respect to any liability which must be satisfied
out of the property held in trust hereunder and which arises as a
result of the deaths of the Grantor’s said parents, the amount
necessary to satisfy such liability may be obtained by borrowing
and by pledging or mortgaging property in the Trust to secure the
sum borrowed, or by selling property in the Trust, or by both
methods.
Vv. Trustees’ Powers
The Trustees shall have the following powers in addition
to and not in limitation of their common-law and statutory
powers:
A. Retention of Property
fo retain any property, real or personal, which they
may receive as Trustees, even though such property (by reason of
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its character, amount, proportion to the total trust estate, or
otherwise) would not be considered appropriate for a fiduciary
apart from this provision.
B. Disposition of Property
To sell, lease, exchange, give options upon,
partition or otherwise dispose of any property which they may
hold from time to time, at public or at private sale or
otherwise, for cash or other consideration or on credit, and upon
such terms and for such consideration as they shall think fit,
and to transfer and convey the same free of all trust; and to
execute, acknowledge and deliver deeds, notes, mortgages,
transfers, leases, options, contracts and other instruments
whether or not the terms or effect thereof may extend beyond the
duration of the trust.
Cc. investment and Reinvestment of Trust Property
To invest and reinvest the trust estate from time to
time in any property, real or personal, including (without
limiting the generality of the foregoing language) securities of
domestic and foreign corporations and investment trusts,
investment companies, common trust funds, collective investment
funds, bonds, preferred stocks, common stocks, mortgages,
mortgage participations, and savings accounts in a bank
(including a trustee), and life insurance policies, particularly
policies issued upon the life of the Grantor, even though such
investment (by reason of its character, amount, proportion to the
total trust estate, or otherwise) would not be considered
appropriate for a fiduciary apart from this provision, and even
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though such investment causes a greater proportion of the total
trust estate to be invested in investments of one type or of one
company than would be considered appropriate for a fiduciary
apart from this provision.
D. Management of Real Property
To manage real property in such manner as they shall
deem best including authority to erect, alter or demolish
buildings, to improve, repair, insure, subdivide and vacate any
of said property; to adjust boundaries, to dedicate streets or
other ways for public use without compensation; to impose such
easements, restrictions, conditions, stipulations and covenants
as they may see fit.
E. Retention and Operation of Business
To retain and operate any business, incorporated or
otherwise, which the Grantor may own at the time of her death or
which thereafter may be acquired by this trust, or any interest
therein, even if such retention and operation involves business
risks which Trustees would not ordinarily incur and whether or
not such interest is a controlling or minority interest. A
Trustee, or any employee or agent of a Trustee, may be employed
by any such business and be paid a reasonable compensation for
such services, and the Trustees may delegate the operation or
management of any such business to others.
F. Care of Personal Property
With respect to any tangible personal property, to
repair, store, insure or otherwise care for such property and to
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pay such shipping or other
Preview
COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. MIDDLESEX SUPERIOR COURT CIVIL ACTION NO. RECEIVED GEORGE W. HODGETTS, INDIVIDUALLY AND AS BENEFICIARY OF THE DIANNE BLANDON 3/25/2021 PARENTS TRUST u/d/t/ 2/3/1997, Plaintiff Vv. JULIE MCQUADE LADIMER, INDIVIDUALLY and As TRUSTEE OF THE DIANNE BLADON PARENTS TRUST u/d/t 2/3/1997 AND AS TRUSTEE OF THE DIANNE HODGETTS IRREVOCABLE LIFE INSURANCE TRUST u/d/t/ DECEMBER 4, 2019 Defendant VERIFIED COMPLAINT INTRODUCTION This is an action for Declaratory Judgment and Breach of Fiduciary Duty brought by George W. Hodgetts, individually and as a Beneficiary (“George”) of The Dianne Blandon Parents Trust w/d/t 2/3/1997 (“The Parents Trust”), against Julie McQuade Ladimer (‘Ladimer”), individually and as Trustee of The Parents Trust and as Trustee of The Dianne Hodgetts Irrevocable Life Insurance Trust w/d/t December 4, 2019 (“The ILIT”). George is the father of Dianne Hodgetts f/k/a Dianne Bladon (“Dianne”). Dianne established The Parents Trust and named George and George’s former wife, Nancy M. Daughan, (“Nancy”) as the beneficiaries of The Parents Trust. Nancy died in 2015 leaving George as the sole beneficiary under The Parents Trust. The Parents Trust is an Irrevocable Trust and states at Section I that “This trust is irrevocable, it may not be altered, amended, revoked or changed in any way 2 The only asset in the Parents Trust was a Genworth Life and Annuity Insurance Policy, Policy 1 Number 8272708, with a death benefit of $500,000 (“Genworth Life Insurance Policy). M.GLL. c. 203E, Sec. 802(a) provides, in material part, that “A Trustee shall administer the trust solely in the interests of the beneficiaries.” On or about December 4, 2019, Dianne executed The ILIT and Dianne funded the [LIT with a MetLife insurance policy which she had purchased through her employer. As Trustee of The Parents Trust, Ladimer transferred the Genworth Life Insurance Policy from The Parents Trust to the ILIT. Ladimer is also trustee of the ILIT. Said transfer left The Parents Trust, which is an irrevocable trust, completely unfunded. Massachusetts has no decanting statute and The Parents Trust did not give Ladimer the power to defund The Parents Trust sole asset pursuant to its terms. In fact, Ladimer breached its fiduciary duty to George by defunding The Parents Trust. Upon information and belief, the beneficiary of the ILIT is The Hodgetts Living Trust u/d/t July 16, 2019 (“Living Trust”). Dianne died on August 23, 2020. Upon information and belief, the Living Trust has a specific distribution to George of $150,000.00 which is unrelated to the $500,000.00 that he was supposed to receive under The Parents Trust and the $650,000.00 in total which he should be receiving from both The Parents Trust and the Living Trust. PARTIES 1 Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents Trust u/d/t 2/3/1997 is a resident of the State of Alabama and has a principal place of abode located at 1110 Huntley Apartment Drive, Pelham, Alabama 35124. George is the father of Dianne Hodgetts, who died on August 23, 2020. Defendant, Julie McQuade Ladimer, upon information and belief, is an attorney licensed in the Commonwealth of Massachusetts with a principal place of business located at Ladimer Law, 209 W. Central Street, Suite 315B, Natick, MA 01760. Ladimer is the Successor Trustee of The Parents Trust and the Trustee of The ILIT. Ladimer is named as a Defendant both Individually and as Trustee of The Parents Trust and The ILIT. FACTUAL BACKGROUND George is a beneficiary under The Parents Trust. A copy of The Parents Trust is attached hereto as Exhibit “1”. Dianne established The Parents Trust and named her parents, George and Nancy M. Daughan, as beneficiaries of said trust. Nancy M. Daughan, George’s former wife, died in 2015. The Parents Trust is irrevocable. The initial Trustees of the Parents Trust were Michael Brockelman and John Bladon. Michael Brockelman resigned as Trustee on August 21, 2019 and he did not name a successor trustee. John Bladon resigned as Trustee on September 10, 2019 and assented to the Grantor’s appointment of Ladimer as successor Trustee. 10. Under section VII(D) of The Parents Trust, the Grantor appointed Ladimer as successor Trustee. 11 The only asset in The Parents Trust was the Genworth Life Insurance Policy. 12. Dianne paid the premiums on the Genworth Life Insurance Policy until her passing on August 23, 2020. 13 In 2019, Dianne hired Ladimer to update her estate plan. 14, Dianne, upon information and belief, executed The Hodgetts Living Trust u/d/t July 16, 2019 (“Living Trust”). 15 Dianne executed the Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t 12/4/2019 (““ILIT”) on or about December 19, 2019. 16. Dianne named Ladimer as Trustee of the ILIT. 17 As Trustee of The Parents Trust, Ladimer transferred the Genworth Life Insurance Policy from The Parents Trust to the ILIT. 18. The Parents Trust is a non-charitable irrevocable trust and Ladimer did not have the power to modify or terminate The Parents Trust except in accordance with M.G.L. c. 203E, Sec. 411 and she did not comply with this statute. 19 Ladimer owed a fiduciary duty to George as Beneficiary of The Parents Trust. 20. M.GLL. c. 203E Sec. 802(a) provides, in material part, that: 29 “A trustee shall administer the trust solely in the interests of the beneficiaries 21 Ladimer breached her fiduciary duty and duty of loyalty to George, as beneficiary of The Parents Trust, by transferring the Genworth Life Insurance Policy from The Parents Trust to the ILIT and thereby defunding The Parents Trust. 22. Ladimer is liable both personally and in her capacity of Trustee of The Parents Trust to George. 23 Ladimer stated, in correspondence to George dated December 4, 2020, that she advised Dianne to execute an ILIT to protect the death benefit of the policy from estate tax, yet the transfer from the Parents Trust to the ILIT is an incident of ownership that would subject the asset to estate tax. A copy of the December 4, 2020 letter is attached hereto as Exhibit “2”. 24, The beneficiary of the ILIT is the Living Trust. 25 Dianne was the sole Trustee of the Living Trust. Her son, John H. Bladon, is the Successor Trustee of the Living Trust. 26 The Living Trust provides for specific bequests in the amount of $150,000 to each of her brother Stephen W. Hodgetts, her sister Amy H. Covington, and George. 27 The Living Trust provides for a specific bequest of $200,000 to Dianne’s surviving spouse, Noel Martin. 28 The Living Trust divides the remaining Trust assets into five shares: one-fifth to each of Dianne’s four children and the remaining one-fifth share to be split among her nephews. 29, Ladimer wrongfully shifted the beneficial interests of The Parents Trust to the detriment of George, who receives a substantially lower share under the Living Trust. 30. Ladimer, in her capacity as a Trustee of The Parents Trust, failed to act in the best interests of George, as beneficiary, when she transferred the life insurance policy from The Parents Trust to the ILIT. 31 Ladimer did not have authority pursuant to the terms of The Parents Trust or pursuant to a decanting statute to defund The Parents Trust. COUNT I BREACH OF FIDUCIARY DUTY AND DUTY OF LOYALTY 32 The allegations contained in paragraphs 1 — 31 above are incorporated herein as if individually set forth. 33 Ladimer, as Trustee of The Parents Trust, owed George, as beneficiary of The Parents Trust, a fiduciary duty. 34 Ladimer, as Trustee of The Parents Trust, owed George, as beneficiary of The Parents Trust, a duty of loyalty. 35 Ladimer breached her fiduciary duty and duty of loyalty to keep George informed of a substantial transaction affecting the nature and value of his beneficial interest in The Parents Trust. 36 It was only after Dianne’s death that Ladimer informed George that she defunded The Parents Trust by transferring the life insurance policy from The Parents Trust to the ILIT, approximately one year after the transfer. 37. Ladimer breached her fiduciary duty to preserve and protect The Parents Trust assets for the benefit of George, as beneficiary, of The Parents Trust. 38. Ladimer breached her duty to act in the best interest of George, as beneficiary, when she transferred the policy from The Parents Trust to the ILIT. 39. Ladimer breached her duty to honor the terms of The Parents Trust by diverting the only asset to a different trust with different beneficiaries. 40 George suffered substantial monetary damages resulting from Ladimer’s breach of fiduciary duty and breach of the duty of loyalty. 41 Cause exists for the removal of Ladimer as Successor Trustee based upon the following grounds of breach of fiduciary duty. COUNT Il - DECLARATORY JUDGMENT 42, The allegations contained in paragraphs 1-41 are incorporated herein as if individually set forth. 43 An actual controversy has arisen regarding The Parents Trust, Ladimer’s authority to transfer the Genworth Life Insurance Policy from The Parents Trust to the ILIT, Ladimer’s authority to defund The Parents Trust and the duty owed by Ladimer, as Trustee of The Parents Trust, to George, as beneficiary of The Parents Trust. 44, George contends that he is entitled to the entire distribution of money from the Genworth Life Insurance Policy. 45 George seeks a declaration from this Court that Ladimer has improperly transferred the Genworth Life Insurance Policy from The Parents Trust to the ILIT. 46. George seeks a declaration from this Court that Ladimer has breached her fiduciary duty to George as Trustee of The Parents Trust by defunding The Parents Trust. 47 George seeks a declaration from this Court that he is entitled to the distribution of money from the Genworth Life Insurance Policy. 48 George seeks a declaration from this Court that Ladimer breached her fiduciary duty to George as beneficiary of The Parents Trust. 49. George seeks a declaration from this Court that Ladimer breached her duty of loyalty to George as beneficiary of The Parents Trust. 50. George also seeks a declaration of his rights and the Defendants rights in the Living Trust. WHEREFORE, the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents Trust u/d/t 2/3/1997, hereby requests this Honorable Court to order the following relief: (1) Enter judgment for the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents Trust u/d/t 2/3/1997, against the Defendant, Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents Trust u/d/t 2/3/1997 and as Trustee of The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019 on all counts in an amount that this court deems just and proper, together with interest, costs, and attorney’s fees; (2) That his Court adjudicate and issue an order declaring the rights, duties and obligations of the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents Trust u/d/t 2/3/1997, against the Defendant, Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents Trust w/d/t 2/3/1997 regarding The Dianne Blandon Parents Trust u/d/t 2/3/1997; (3) That his Court adjudicate and issue an order declaring the rights, duties and obligations of the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents Trust w/d/t 2/3/1997, against the Defendant, Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents Trust w/d/t 2/3/1997 and as Trustee of The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019 regarding the Genworth Life and Annuity Insurance Policy, Policy Number 8272708 and/or the proceeds from said policy. (4) That his Court adjudicate and issue an order declaring the rights, duties and obligations owed by the Defendant, Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents Trust u/d/t 2/3/1997 to the Plaintiff, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents Trust w/d/t 2/3/1997; (5) That his Court adjudicate and issue an order that Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents Trust w/d/t 2/3/1997 restore the Genworth Life and Annuity Insurance Policy, Policy Number 8272708 and/or the proceeds therefrom which she transferred to The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019; (6) That this Court adjudicate that Defendant, Julie McQuade Ladimer, Trustee of The Dianne Bladon Parents Trust u/d/t 2/3/1997 and as Trustee of The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019, her agents, officers, servants, employees, attorneys, representatives, or others acting on her behalf, be enjoined and restrained from transferring, selling, assigning or in any other way disposing of any life insurance policies, life insurance proceeds, real estate, monies, sale proceeds, or any other assets of The Dianne Bladon Parents Trust u/d/t 2/3/1997 and/or The Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019, unless by agreement of the parties and/or further order of this Court. (7) That this Court issue an order removing the Defendant, Julie McQuade Ladimer, as Trustee of The Dianne Bladon Parents Trust u/d/t 2/3/1997. (8) That this Court issue an order removing the Defendant, Julie McQuade Ladimer, as Trustee of The Dianne Hodgetts Irrevocable Life Insurance Trust w/d/t December 4, 2019; (9) That this Court issue such other and further relief as this Court shall deem fair, just and equitable. Respectfully Submitted, PLAINTIFF By His attomey, Ln_s Cameron C. Pease Fe BBO #561906 Goldman & Pease LLC 160 Gould Street, Suite 320 Needham, MA 02494 (781) 292-1080 cpease@goldmanpease.com patep:__/ 2/0 >/ VERIFICATION I, the undersigned, being first and duly sworn, on oath depose and say that 1, George W. Hodgetts, Individually and as beneficiary of the Dianne Blandon Parents ‘Trust u/d/t 2/3/1997, am familiar with the facts of this matter and as such I kaow the contents of said Complaint, have tead the Complaint, and can state that, as to all matters of fact therein Stated, the same are true, and that no material facts have been omitted. Yet Hodgetts, W, Ud age George Dianne Bh indon Parents Trust4i/d/t 2/3/1997 Individually and as beneficiary of the 10 EXHIBIT “1” THE DIANNE BLADON PARENTS TRUST TABLE OF CONTENTS I. Name of Trust and Irrevocability .- +e wetter eee 2 Ir. Payments ate eee wee scene eee A. During the Lives of the Grantor’s Parents . eee ee eee oe B. Withdrawal Rights During the Life of the Grantor . we see c. Termination of Trust Upon Deaths of the Grantor’s Parents Be eee were rere eens weer e eee tee eran e ne . 3 III. Spendthrift Provision she vee eens Be ee ee ee eee ee « 3 Iv. Satisfaction of Liabilities soe : ‘ A. Payment of Expenses of Any Beneficiary for Last Illness and Funeral eee eee +s . see ee we . B. Retention of Securities or Other Property ......6..+5 we . Cc. Loans to Executors or Administrators a teenee ae + D. Satisfaction of Liabilities After Deaths of “th e Grantor’s Parents ........ wee eee e eee oe see eee nee . we. . Vv. Trustees’ Powers va fate Meeewe . see te ee oe . . * A. Retention of Property ae + eee eee eee B. Disposition of ea eee Property a ees .. ae sens * c. Investment and Reinvestment of Trust Property sees D. Management of Real Property .........4+ « wees ae E. Retention and Operation of Business ne ee aa eee F. Care of Personal Property . eae sees G. Abandonment of Property oe ies oe H. Life Insurance bee oe we shee I. Employment of Agents . eee waa see J. Payment of Claims * +e ee ee K. Distribution to Minors ae ea L. Maintenance of Securities we . be tae ee M. Participation in a Reorganization we a N. Investment in Common Trust Funds * eee ee oO. Distribution in Money or in Kind aoe P. Termination of Trust Shares an 10 Q- Borrowing of Funds tee ee eae tee 10 R. Allocation Between Income and Principal .. ete ewee 10 s. Maintenance of Reserves nee eee seers 10 T. Consolidation of Investments news +e . ne tee e ees 11 U. Employee Benefits hae wees sae +e nee eee 11 Vv. Making of Loans ve és sees wee tee 11 WwW. Retention of Real Estate . tee li XxX. Division of Trusts weeee . eee ste 12 Y. Environmental Matters ...... snes wae evan eee 12 vI. Accounts i oe ve Benes see wees 13 -i- VII. Resignation and Successor Trustees Ohh ee oe eed nee 14 A. Resignation and Removal ne wee tenes +8 14 B. Successor Trustees wee . oo 14 Cc. Successor Co-Trustees nee ‘ 14 D. Appointment of Additional Successor Trustees a6 oe is E. Miscellaneous Trustee Provisions : ws twee es wee 15 VIII. Disclaimers by Beneficiaries * eee eee vee . wee 16 IX. Delegation of Powers to Co-Trustees +e aes ee wees * tae . 16 X. Rules of Construction A eee eee nee whee . eee . 17 A. General Survivorship Provisions sees bbe ‘ * see 17 Adoption of Adults . beeen eee ‘ 17 Cc. Prohibition Against Self-Benefit by Trustees ae 17 D. Scope of the Term "Trustee" eens oe .e 17 E. Use of Pronouns sree wee ea nee 18 F, Exercise of Trustee Powers weed eee oe oe wee 18 Governing Law wees ee aoe eae ee sae 18 XI. Certificates of Authority ...... a beeen oe + wee een ee ene 18 -~ii- THIS AGREEMENT made this 3rd day of February, 1997, between DIANNE H. BLADON of Wayland, Massachusetts (hereinafter called the "Grantor") and JOHN BLADON of Wayland, Massachusetts and MICHAEL D. BROCKELMAN of Holden, Massachusetts (hereinafter called the "Trustees"). WHEREAS, simultaneously with the execution of this Agreement the Grantor has delivered to the Trustees the property listed on their receipt to the Grantor; and WHEREAS, the Grantor or other persons may hereafter assign the ownership of or make payable to the Trustees under this Agreement as beneficiaries of a policy or policies of insurance upon the life of the Grantor or other persons, subject to any assignments or claims against said policies, the term "policies" as hereinafter used, meaning such of said policies as are from time to time so assigned or so payable except where the context otherwise requires; and WHEREAS, other property may hereafter from time to time by gift, will or otherwise be transferred to and accepted by the Trustees under this Agreement, the term “other property" as hereinafter used meaning such other property so transferred to the Trustees except where the context otherwise requires. NOW, THEREFORE, the Trustees hereby acknowledge receipt of said property listed on their receipt to the Grantor and declare that they will hold, manage, invest and reinvest the same together with the proceeds of such policies and other property so far as received by them hereunder, and after paying or making ye g tru.b/B2644.100/mdb84/tr.db.par. Mon Jan 20 08:43:59 1997 provision for all expenses of the trust, including reasonable compensation for their services, will dispose of the trust property and the net income therefrom as hereinafter provided: I. Name of Trust and Irrevocability This trust is irrevocable, it may not be altered, amended, revoked or changed in any way and shall be known as and may be referred to as "The Dianne Bladon Parents Trust." II. Payments A. During the Lives of the Grantor’s Parents The Trustees shall pay such part or all of the income and principal as the Trustees deem proper in their absolute discretion to or for the benefit of the Grantor’s parents, George W. Hodgetts and Nancy M. Daughan, for their comfort, health, support, maintenance and happiness. No equalization of payments among the Grantor’s parents is required by the Trustees at any time. B. Withdrawal Rights During the Life of the Grantor Notwithstanding the provisions of Paragraph A, during the Grantor’s lifetime, each of the Grantor’s said parents shall have the right in any calendar year upon written notice to the Trustees to withdraw from the principal of the trust an amount not exceeding the sum or market value of $5,000.00. These rights of withdrawal shall be noncumulative. Payment of the amounts requested shall be made within thirty (30) days after the receipt of a request by the Trustees. The Trustees may, in their sole discretion, satisfy any request by a distribution in cash, in -2- We wie tru.b/B2644.100/mdb84/tr.db.par. Mon Jan 20 08:43:59 1997 kind or both. The determination by the Trustees shall be final and binding on the Grantor’s parents. c Termination of Trust Upon Deaths of the Grantor’s Parents Upon the deaths of the Grantor’s parents, the Trustees shall pay over the trust property (including principal, any accumulated income and accrued income) to The Dianne H. Bladon Irrevocable Trust, created by a Trust Agreement dated March 27, 1996. TIl. Spendthrift Provision No principal or income payable or to become payable under any trust created under any provision of this Trust shall be subject to anticipation or assignment by any beneficiary thereof or to attachment by or to the interference or control of any creditor of any such beneficiary, or to be taken or reached by any legal or equitable process in satisfaction of any debt or liability of such beneficiary prior to its actual receipt by the beneficiary. Iv. Satisfaction of Liabilities The Trustees are authorized in their absolute discretion to use the income and principal of this Trust from time to time as follows: A. Payment of Expenses of Any Beneficiary for Last 1 2s: ny Upon the death of any beneficiary, to pay his or her expenses of last illness and funeral expenses. Such payments (if any) may be made to the person entitled or authorized to receive and receipt for such payments upon receipt of a certificate from -~3- oO J wae tru. b/B2644. 100/mdb84/tr.db.par. Mon Jan 20 08:43:59 1997, the executor or administrator of the beneficiary’s estate stating the amount due and payable, and the Trustees shall in no way be bound to inquire into the legality or amount of any payment so certified. B Retention of Securities or Other Property To purchase and to retain as investments any securities or other property, real or personal, belonging to the estate of the Grantor’s said parents. c. Loans to Executors or Administrators To make loans to the Grantor’s said parents’ execu- tors or administrators on such terms as the Trustees deem advisable. D. Satisfaction of Liabilities After Deaths of the Grantor's Parents with respect to any liability which must be satisfied out of the property held in trust hereunder and which arises as a result of the deaths of the Grantor’s said parents, the amount necessary to satisfy such liability may be obtained by borrowing and by pledging or mortgaging property in the Trust to secure the sum borrowed, or by selling property in the Trust, or by both methods. Vv. Trustees’ Powers The Trustees shall have the following powers in addition to and not in limitation of their common-law and statutory powers: A. Retention of Property fo retain any property, real or personal, which they may receive as Trustees, even though such property (by reason of -4- yee tru. b/B2644,100/mdb84/tr.db. par. Mon Jan 20 08:43:59 1997 its character, amount, proportion to the total trust estate, or otherwise) would not be considered appropriate for a fiduciary apart from this provision. B. Disposition of Property To sell, lease, exchange, give options upon, partition or otherwise dispose of any property which they may hold from time to time, at public or at private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such consideration as they shall think fit, and to transfer and convey the same free of all trust; and to execute, acknowledge and deliver deeds, notes, mortgages, transfers, leases, options, contracts and other instruments whether or not the terms or effect thereof may extend beyond the duration of the trust. Cc. investment and Reinvestment of Trust Property To invest and reinvest the trust estate from time to time in any property, real or personal, including (without limiting the generality of the foregoing language) securities of domestic and foreign corporations and investment trusts, investment companies, common trust funds, collective investment funds, bonds, preferred stocks, common stocks, mortgages, mortgage participations, and savings accounts in a bank (including a trustee), and life insurance policies, particularly policies issued upon the life of the Grantor, even though such investment (by reason of its character, amount, proportion to the total trust estate, or otherwise) would not be considered appropriate for a fiduciary apart from this provision, and even ~5 - ji N tru.b/82646. 100/mdb84/tr.db.par. Mon Jan 20 08:43:59 1997 though such investment causes a greater proportion of the total trust estate to be invested in investments of one type or of one company than would be considered appropriate for a fiduciary apart from this provision. D. Management of Real Property To manage real property in such manner as they shall deem best including authority to erect, alter or demolish buildings, to improve, repair, insure, subdivide and vacate any of said property; to adjust boundaries, to dedicate streets or other ways for public use without compensation; to impose such easements, restrictions, conditions, stipulations and covenants as they may see fit. E. Retention and Operation of Business To retain and operate any business, incorporated or otherwise, which the Grantor may own at the time of her death or which thereafter may be acquired by this trust, or any interest therein, even if such retention and operation involves business risks which Trustees would not ordinarily incur and whether or not such interest is a controlling or minority interest. A Trustee, or any employee or agent of a Trustee, may be employed by any such business and be paid a reasonable compensation for such services, and the Trustees may delegate the operation or management of any such business to others. F. Care of Personal Property With respect to any tangible personal property, to repair, store, insure or otherwise care for such property and to ~6=- We witb tru.b/82644. 100/mdb84/tr .db-par. Mon Jan 20 08:43:59 1997 pay such shipping or other