ARMSTRONG, J.
This civil action, heard in a Probate Court, was of an equitable nature and was therefore subject to the Massachusetts Rules of Civil Procedure. See Mass.R.Civ.P. 1, 365 Mass. 730 (1974). Judgment was entered for the defendants on June 7, 1977. On June 14, 1977, the plaintiffs filed a motion for a new trial, but they did not cause the motion to be served upon the defendants within ten days of the entry of judgment, as required by Mass.R.Civ.P. 59 (b...
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