QUA, C.J.
In this proceeding, brought in the Probate Court, the petitioner, as the administrator of the estate of Isaac Marcoux, alleges that the respondent, a nephew of the intestate, "assumed control" over him when he was physically and mentally infirm, took possession of all his assets, acted for him in financial matters, was entrusted by the intestate with assets when the intestate was infirm and under the influence of liquor, and by reason of the trust and confidence...
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