DiPIERRO v. DUDLEY


317 A.2d 824 (1974)

Annie M. DiPIERRO, Executrix of the Estate of Walter R. Train v. Evelyn DUDLEY.

Supreme Judicial Court of Maine.

April 2, 1974.


Attorney(s) appearing for the Case

Nisbet & MacNichol, by Alexander MacNichol, South Portland, for plaintiff.

Gagan, Trynor, Berry & Cummings, by James E. Gagan, Portland, for defendant; William E. McKinley, Portland, Amicus Curiae.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK, and ARCHIBALD, JJ.


ARCHIBALD, Justice.

Annie M. DiPierro, the duly appointed and qualified Executrix under the will of Walter R. Train, instituted an action against the defendant for the purpose of recovering certain monies in the hands of the defendant which allegedly were the property of the Executrix.

The case was submitted to a Justice of the Superior Court upon an agreed statement of facts.

Prior to his decease Walter R. Train was an employee of John J. Nissen Baking...

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