Home BAYBANK, formerly known as BAYBANK MIDDLESEX, successor by merger with, among others, BAYBANK HARVARD TRUST COMPANY vs. PETER H. ROSENTHAL, Trustee of ZANT REALTY TRUST.

MISC 165634

August 13, 1992

Middlesex, ss.



The sole question raised in this litigation is whether any person beneficially or otherwise is entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. An answer was filed alleging that Kevin M. Hunt, a corporal in the United States Marine Corps fell within the protected class, and a military attorney was appointed to represent him. Corporal Hunt, however, denied any interest in the trust and any claim for statutory protection. Moreover, even if it is assumed a beneficial interest is protected, his interest, if any (which appears nowhere of record) was acquired after he entered the service of the United States and falls without the Act's protection.

I therefore allow the plaintiff's motion for a directed finding filed at the time of the hearing on May 14, 1992 which was electronically recorded. I also make the findings of fact set forth in the plaintiff's request and the rulings of law similarly set forth in the plaintiff's separate request, both filed on May 14, 1992.

Judgment accordingly.