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KENNEY v. SPAULDING

263 A.2d 272 (1970)

Leland KENNEY (Next Friend of Josle K. Coombs) and Josie K. Coombs v. Willis P. SPAULDING.

Supreme Judicial Court of Maine.

March 25, 1970.

Attorney(s) appearing for the Case

Errol K. Paine, Bangor, for Kenney.

David A. Nichols, Camden, for Coombs.

Lewis V. Vafiades, Bangor, for defendant.

Before WILLIAMSON, C. J., and WEBBER, DUFRESNE, WEATHERBEE, and POMEROY, JJ.

WEBBER, Justice.

Leland Kenney instituted this action as next friend of Josie K. Coombs, a woman 79 years of age and his aunt, alleging her lack of mental competence. The complaint alleges undue influence on the part of defendant Spaulding. Defendant moved to dismiss the complaint on the ground that Mrs. Coombs had not consented to be party plaintiff and that plaintiff Kenney had no interest or standing in the subject matter of the action. Mrs. Coombs retained counsel...

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