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DUNN v. McSWEENEY

338 Mass. 270 (1959)

154 N.E.2d 910

DANIEL W. DUNN vs. JOSEPH H. McSWEENEY, executor, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 7, 1959.

Attorney(s) appearing for the Case

Edward M. Dangel, (Leo E. Sherry & Max L. Glazer with him,) for the petitioner.

Arthur L. Brown, for the respondents Mary McEachern and others.

Walter F. Henneberry, for the respondent McSweeney, submitted a brief.

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

WILKINS, C.J.

This is an appeal from an order entered in the Probate Court on January 16, 1957, dismissing a petition in equity, which alleges the following. The petitioner had previously filed a petition to bring assets into the estate of Charles J. Dunn, late of Somerville. This resulted in a decree dated April 14, 1955, in which six persons who were then respondents, and who also are now respondents, were ordered to deliver to the respondent executor of the estate...

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