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MAZZOLA v. MYERS

363 Mass. 625 (1973)

296 N.E.2d 481

MARY KELLY MAZZOLA vs. FREDERICK M. MYERS, JR., executor, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 14, 1973.

Attorney(s) appearing for the Case

Thomas E. Goode & John J. Sullivan (Bruce S. Gordon with them) for Mary Kelly Mazzola.

Thomas C. Cameron for Patricia Bilodeau.

Frederick M. Myers, Jr., for Frederick M. Myers, Jr., executor, & others.

Present: TAURO, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.

WILKINS, J.

This bill for declaratory relief, which has been presented to us on a case stated, seeks a resolution of a controversy concerning the finding and administration of a purported marital deduction trust provided for under the will of John J. Kelly (Kelly). The case was reserved and reported without decision by the single justice. Kelly died in May, 1970, leaving a widow, their two sons and four daughters, all of whom are of full age.1

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