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KARP v. BARA

335 Mass. 681 (1957)

141 N.E.2d 711

THADDEUS KARP & another vs. MARY BARA & others.

Supreme Judicial Court of Massachusetts, Franklin.

April 8, 1957.

Attorney(s) appearing for the Case

Joseph T. Bartlett, (William T. Woodrow with him,) for the petitioners.

Francis E. Dolan, Jr., for the respondents.

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

WHITTEMORE, J.

This is an appeal from an order of the probate judge, on a petition of contesting heirs, directing that there be tried by a jury the issue of whether the alleged will of Helen C. Karp, dated October 14, 1954, was "procured to be made through the fraud or undue influence of Thaddeus Karp ... or of Chester J. Sokolosky." Karp is the nephew of the decedent's deceased husband. Sokolosky is named an executor with Karp, and is not a legatee.

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