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TUCKER v. BOWEN

354 Mass. 27 (1968)

234 N.E.2d 896

DOROTHY TUCKER & others vs. DAVID C. BOWEN, executor.

Supreme Judicial Court of Massachusetts, Essex.

March 7, 1968.

Attorney(s) appearing for the Case

Monto Rosenthal for the petitioners.

Richard L. Hull (Francis J. Vita with him) for the respondent.

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

CUTTER, J.

Dorothy Tucker and her sisters seek by petition (dated November 4, 1966) to have vacated a decree of the Probate Court in Essex County, entered July 21, 1966, appointing Bowen executor of an instrument (dated November 19, 1962) allowed as the will of Elizabeth T. Bitzer. Her mother was a sister of Bowen's mother. The father of the Tucker sisters was a brother of Mrs. Bitzer's father. The Tucker sisters and Bowen...

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