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FITZGERALD v. STARRATT

330 Mass. 75 (1953)

111 N.E.2d 682

JULIA A. FITZGERALD & another vs. PORTIA EVELYN STARRATT, executrix, & another.

Supreme Judicial Court of Massachusetts, Barnstable.

April 1, 1953.

Attorney(s) appearing for the Case

Charles E. Cunningham, (Daniel W. Donahue with him,) for the respondent executrix.

Ephraim Martin, (Henry W. Hardy with him,) for the petitioners.

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

LUMMUS, J.

Louis R. Wallis, late of Bourne, died on January 31, 1951, leaving as his only heir according to the petition for the probate of his will, filed on February 7, 1951, his daughter Portia Evelyn Starratt. By his will he gave nothing to Ella T. Wallis. Julia A. Fitzgerald and Old Colony Trust Company were named as executors.

On April 6, 1951, Ella T. Wallis, claiming to be the widow of said Louis R. Wallis...

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