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SMITH v. SMITH

361 Mass. 733 (1972)

282 N.E.2d 412

ROBERT G. SMITH, executor, & others, petitioners. ALFRED E. SMITH, administrator, vs. ROBERT G. SMITH, executor, & others.

Supreme Judicial Court of Massachusetts, Suffolk, Berkshire.

May 5, 1972.

Attorney(s) appearing for the Case

Edmond M. Trespacz for Robert G. Smith, executor, & others.

William Boraski for Alfred E. Smith, administrator.

Present: TAURO, C.J., CUTTER, REARDON, & HENNESSEY, JJ.

TAURO, C.J.

On January 2, 1969, Leroy M. Haley and Anna E. Haley, husband and wife, died as the result of carbon monoxide asphyxiation. They were found dead in their garage, in an automobile with its engine running. Mrs. Haley died intestate; Mr. Haley, however, left a will which was filed for probate on February 3, 1969, and allowed on August 6, 1969.

Alfred E. Smith as administrator of the estate of Anna E. Haley brought this petition in equity against the...

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