FERRITER v. BORTHWICK


346 Mass. 391 (1963)

193 N.E.2d 335

JOSEPH P. FERRITER vs. JEANNE W. BORTHWICK & others.

Supreme Judicial Court of Massachusetts, Hampden.

November 1, 1963.


Attorney(s) appearing for the Case

Frank Placzek for Fay Bennett.

Douglas R. Winniman for Shirley Mihalski.

William T. Walsh, for Jeanne W. Borthwick & another, submitted a brief.

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


WILKINS, C.J.

This is an appeal from a decree of the Probate Court for Hampden County disallowing a will dated October 15, 1959, of Fayette H. Wagner, late of Westfield, on the ground that it was procured by the undue influence of his daughter, Fay Bennett. The judge made a report of the material facts found by him which we summarize. The testator died on October 10, 1961. He executed other wills dated March 3, 1960, and September 9, 1960. Previously the will of September...

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