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COONEY v. MONTANA

347 Mass. 29 (1964)

196 N.E.2d 202

ANNA C. COONEY, guardian, vs. WINIFRED MONTANA.

Supreme Judicial Court of Massachusetts, Worcester.

February 11, 1964.

Attorney(s) appearing for the Case

Harry Zarrow (Marvin K. Rasnick with him) for the petitioner.

William P. DeCarolis for the respondent.

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

REARDON, J.

The petitioner seeks in this proceeding brought in the Probate Court to establish an oral trust of the proceeds of a policy of insurance written on the life of Eugene T. Sullivan, deceased. The probate judge in a report of material facts found that the policy was in the amount of $10,000 and contained a provision affording double indemnity in case of death by accident of the assured. The respondent, Winifred Montana, sister of Eugene T. Sullivan, was named...

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