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COLBERT v. HENNESSEY

351 Mass. 131 (1966)

217 N.E.2d 914

THOMAS J. COLBERT, executor, vs. PATRICK J. HENNESSEY & others (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

June 15, 1966.

Attorney(s) appearing for the Case

Calvin P. Bartlett stated the case in the proceeding for instructions.

Calvin P. Bartlett (Henry S. Healy with him) for Thomas J. Colbert, executor, respondent in the petition for removal.

Harold B. Dondis (Oliver S. Sughrue, Jr., with him) for Patrick J. Hennessey.

Gerald Gillerman (Charles M. Goldman & John M. Reed with him) for Elias M. Loew.

Edward R. Bonitz, for Mary E. O'Neill, joined in a brief.

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

KIRK, J.

The issues later to be stated and considered in the two cases arise from decrees entered in the Middlesex Probate Court in the course of litigation concerning the estate of Paul F. Bowser. The cases were heard and decided by different judges. Thomas J. Colbert is executor under the will of Bowser. In case No. 6716, which was heard and decided first, Patrick J. Hennessey and Elias M. Loew appeal from the decree entered by the judge on Colbert's petition for...

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