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BOHAKER v. KOUDELKA

333 Mass. 139 (1955)

128 N.E.2d 769

KARL A. BOHAKER vs. MARGERY A. KOUDELKA, individually and as executrix.

Supreme Judicial Court of Massachusetts, Barnstable.

September 19, 1955.

Attorney(s) appearing for the Case

Frederick J. Smith, for the respondent.

George M. Poland & Herbert E. Hunziker, for the petitioner.

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

SPALDING, J.

By this petition in equity under G.L. (Ter. Ed.) c. 215, § 6, as appearing in St. 1937, c. 257, the petitioner seeks to establish a resulting trust with respect to a parcel of real estate in Sandwich, the record title of which stands in the name of Ettie Mary Bohaker, late of Sandwich. By her will, which was duly probated, Ettie, hereinafter called the testatrix, named her daughter (the respondent) as executrix...

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