O'BRIEN v. WELLESLEY COLLEGE


346 Mass. 162 (1963)

190 N.E.2d 879

JAMES E. O'BRIEN vs. WELLESLEY COLLEGE & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 3, 1963.


Attorney(s) appearing for the Case

Edmund L. Twomey (Robert W. Emmons with him) for the contestants Wellesley College & others.

Casper T. Dorfman (Joseph G. Crane with him) for the proponent.

Harris I. Baseman, Charles E. Holly, John E. Rogerson & Philip R. White, Jr., for sundry contestants, joined in a brief.

Present: SPALDING, WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

These are appeals from a decree of the Probate Court allowing an instrument dated September 22, 1960, as the will of Flora L. Eaton, late of Arlington. After a full hearing the judge made a voluntary report of material facts. The evidence is reported.

The judge concluded his report with the following: "1. On all the credible and material evidence as to the execution of the will, I find that the will was properly executed in every respect. 2. On...

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