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BOXILL v. MALONEY

342 Mass. 399 (1961)

173 N.E.2d 283

CYRIL W. BOXILL vs. EDWARD H. MALONEY, executor.

Supreme Judicial Court of Massachusetts, Middlesex.

April 5, 1961.

Attorney(s) appearing for the Case

David H. Fulton, for the respondent.

Victor C. Bynoe, for the petitioner.

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

CUTTER, J.

This is a petition, to which the executor of the will of Lewis A. Cave is a party, brought on May 19, 1960, by Boxill, the natural son of Lillian A. Cave, to vacate a decree allowing her will. The will was dated May 18, 1928, and gave "all my property... to my husband, Lewis A. Cave," and nominated "my said husband" as executor. Lillian died July 30, 1946. Boxill caused an appearance to be entered for him in opposition...

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