DePASQUA v. BERGSTEDT


355 Mass. 734 (1969)

247 N.E.2d 354

ALPHILD L. DePASQUA & another vs. AXEL BERGSTEDT, executor, & another.

Supreme Judicial Court of Massachusetts, Plymouth.

April 24, 1969.


Attorney(s) appearing for the Case

John J. Perenyi (Edward P. McDuffee with him) for Robert Lundstrom.

Warren H. Lindberg, for the petitioners, submitted a brief.

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


REARDON, J.

The petitioners, Alphild L. DePasqua and Edna M. Swan, brought a petition in equity in the Probate Court to establish ownership of a savings bank deposit presently in the names of the decedent Victor G. Lundstrom and the respondent Robert G. Lundstrom. There was a final decree that the account was an asset of the estate of Victor G. Lundstrom, from which the respondent Lundstrom appealed.

There was no dispute on the essential facts. On October...

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