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KEARNEY v. MECHANICS NATIONAL BANK

343 Mass. 699 (1962)

180 N.E.2d 667

MARY F. KEARNEY vs. THE MECHANICS NATIONAL BANK OF WORCESTER, executor.

Supreme Judicial Court of Massachusetts, Worcester.

March 1, 1962.

Attorney(s) appearing for the Case

Morton C. Jaquith, for the petitioner.

Russell F. Bath, Jr., for the respondent.

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

SPALDING, J.

This is a petition in equity in the Probate Court against the executor of the estate of Paul C. Lytle. The objectives of the petition are (1) to enforce an oral contract made by the testator with the petitioner, and (2) to recover the balance of a fund which the petitioner turned over to the testator to invest for her.

The judge made findings of material facts of which the following is a summary.

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