SMITH v. GENTILOTTI


371 Mass. 839 (1977)

359 N.E.2d 953

EDWARD JOSEPH SMITH & another vs. BLANCHE P. GENTILOTTI, executrix.

Supreme Judicial Court of Massachusetts, Worcester.

February 8, 1977.


Attorney(s) appearing for the Case

Stephen P. Weitz for the plaintiffs.

William A. Murray, III, for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.


BRAUCHER, J.

The plaintiffs, mother and son, sued the father's executrix on an instrument in the form of a check payable to the order of the son for $20,000, executed by the father in 1969 and delivered to the mother, postdated November 4, 1984. The check was indorsed by the father as follows: "For Edward Joseph Smith Gentilotti My Son If I should pass away The amount of $20000.00 dollars Shall be taken from My Estate at death. S. Gentilotti 11-25-69". A judge of...

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