MILLER v. MILLER


339 Mass. 262 (1959)

158 N.E.2d 674

CARROLL F. MILLER, executor, vs. HELEN L. MILLER & others (and a companion petition).

Supreme Judicial Court of Massachusetts, Bristol.

May 20, 1959.


Attorney(s) appearing for the Case

J. Howard O'Keefe, (Harry J. Webb with him,) for Carroll F. Miller, executor.

Talbot T. Tweedy, (Lewis S. Rubin with him,) for Helen L. Miller and others.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


COUNIHAN, J.

These are two petitions in the Probate Court for Bristol County. The first petition was filed on February 11, 1957, by Carroll F. Miller, the executor under the will of his brother, Leigh V. Miller. The respondents were Helen L. Miller, the testator's widow, who at the time of his death was mentally incompetent; Mary D. Nickerson, Helen's sister and her duly appointed guardian; and Lewis S. Rubin, Esquire, guardian ad litem for Helen.

The first...

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