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REAGAN v. PHILLIPS

345 Mass. 387 (1963)

187 N.E.2d 801

JAMES J. REAGAN, executor, vs. FRANCES PHILLIPS & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 4, 1963.

Attorney(s) appearing for the Case

Bradbury Gilbert (A. Leavitt Taylor with him) for the respondent Frances Phillips.

Charles A. Watson (James J. Reagan with him) for the petitioner.

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

SPIEGEL, J.

This is a petition in equity to determine the ownership of a savings bank account in the East Cambridge Savings Bank standing in the name of John J. Flavin, trustee for Frances Phillips. The petitioner is the executor of the will of the depositor, John J. Flavin. The respondent Frances Phillips has appealed from a decree by a judge of the Probate Court that the "bank account is the property of the estate." The...

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