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TARRICONE v. CUMMINGS

340 Mass. 758 (1960)

166 N.E.2d 737

THERESA TARRICONE vs. JOHN F. CUMMINGS & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 29, 1960.

Attorney(s) appearing for the Case

Charles A. Watson, for the contestants.

No argument nor brief for the proponent.

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

WILKINS, C.J.

An instrument is offered for probate as the will of David J. Cummings, late of Cambridge. Two contestants have appealed from an order denying their motion for jury issues as to due execution, testamentary capacity, and fraud or undue influence by Theresa Tarricone. The only statement of expected evidence was made by counsel for the contestants.

The proposed will is entirely in the handwriting of Theresa...

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