SUTHERLAND v. FLAHERTY


1 Mass. App. Ct. 388 (1973)

298 N.E.2d 869

HESLIP E. SUTHERLAND & another, executors, vs. THOMAS FLAHERTY & others.

Appeals Court of Massachusetts, Middlesex.

July 10, 1973.


Attorney(s) appearing for the Case

William S. Monahan stated the case.

Joseph J. Brodigan for Thomas Flaherty & others.

Robert J. Muldoon, Jr. (Patricia K. Hagedorn with him) for Raymond A. Noonan.

Present: ROSE, KEVILLE, & ARMSTRONG, JJ.


ROSE, J.

These are appeals by several respondents from a final decree of the Probate Court for Middlesex County instructing the executors under the will of Michael P. Flaherty to "... distribute all property under the First Clause of said will to said Raymond A. Noonan as survivor...." The evidence is reported, but the probate judge made no report of material facts.

The testator, Michael P. Flaherty, executed a will on November 29, 1967, the pertinent clauses...

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