SOUZA v. RODRIGUES

No. 74-2-Appeal.

334 A.2d 420 (1975)

Maria Almas SOUZA et al. v. Anna Cotta RODRIGUES et al.

Supreme Court of Rhode Island.

March 25, 1975.


Attorney(s) appearing for the Case

Moore, Virgadamo, Boyle & Lynch, Joseph R. Palumbo, Jr., Newport, James E. Holland, Tiverton, for petitioners.

A.L. Greenberg, James S. O'Brien, Jr., Newport, for respondents.


OPINION

ROBERTS, Chief Justice.

This is an action for a partition sale of certain lands and division of the net proceeds therefrom. The petitioners brought this suit to enforce their alleged interests in a residuary estate under the will of Antonio M. Cotta. All parties thereafter moved for summary judgment. Reasoning from the language of the will that the testator intended to devise part of the residuary estate to the petitioners, the trial justice denied...

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