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ATHERTON v. FITZ GIBBON

346 Mass. 384 (1963)

192 N.E.2d 731

HENRY F. ATHERTON, JR., & another vs. WILLIAM FITZ GIBBON & another.

Supreme Judicial Court of Massachusetts, Hampden.

July 23, 1963.

September 30, 1963.

Attorney(s) appearing for the Case

Claude R. Branch (Richard Wait, John R. Auchter, & Ethan Allen, of New York, with him) for the respondents.

Stephen W. Schupack for the petitioners.

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

SPIEGEL, J.

Two of the three coexecutors named in the will of Madeline W. Atherton appealed from a decree of the Probate Court for Hampden County allowing an instrument as her last will and testament, and appointing Henry F. Atherton, Jr., and the Valley Bank and Trust Company, of Springfield, as administrators with the will annexed of the estate.

The evidence is not reported. The judge made a report of material...

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