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HYATT v. JURCZYK

No. 6775.

368 F.2d 546 (1966)

Merritt B. HYATT, Plaintiff, Appellant, v. Carol Esther JURCZYK, etc., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided November 16, 1966.

Attorney(s) appearing for the Case

Rowland H. Long, Monson, Mass., for appellant.

James R. Harper, Atlanta, Ga., with whom Jerome P. Facher and Hale & Dorr, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

The testatrix, a resident of the state of Georgia, died seized of two pieces of real estate in the city of Pittsfield, Massachusetts. One was a lot on Housatonic Street, recorded in Berkshire Deeds, Book 525, Page 423. The other consisted of four parcels on Green Street, recorded in Berkshire Deeds, Book 557, Page 145. The material portions of her will were as follows:

"Item Two "I give and devise in fee simple to my son, Merritt...

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