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FISHMAN v. FISHMAN

2 Mass. App. Ct. 348 (1974)

311 N.E.2d 666

FREDERICK FISHMAN, executor, vs. KENNETH FISHMAN & others.

Appeals Court of Massachusetts, Norfolk.

June 7, 1974.

Attorney(s) appearing for the Case

Francis X. Olivieri, for the respondents, submitted a brief.

Benjamin A. Stein for the petitioner.

Present: HALE, C.J., KEVILLE, & ARMSTRONG, JJ.

KEVILLE, J.

William Vinick and Rose Fishman Vinick, husband and wife, executed a joint will in 1954. Rose died in 1969, William a year earlier. The instrument was admitted to probate as Rose's will. Her brother Frederick Fishman (Frederick), who is residuary legatee under the will, was appointed executor. Some of Rose's next of kin, who would share in the disposition of her estate were it to pass by intestacy, have...

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