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BAND v. DAVIS

325 Mass. 18 (1949)

88 N.E.2d 652

MILTON BAND, executor, vs. MILFORD D. DAVIS.

Supreme Judicial Court of Massachusetts, Suffolk.

November 9, 1949.

Attorney(s) appearing for the Case

M. Band, (J.W. Schenck with him,) for the petitioner.

H.J. Goldberg, (L.H. Goldberg with him,) for the respondent.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.

SPALDING, J.

This is a petition in equity brought in the Probate Court by the executor1 under the will of Albert DeLeon for the purpose of having certain instruments transferring real and personal property from DeLeon to the respondent declared null and void. The petition alleges that the instruments were obtained from DeLeon by means of fraudulent conduct on the part of the respondent; that no...

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