OLSSON v. WAITE


5 Mass. App. Ct. 93 (1977)

359 N.E.2d 656

ARNOLD W. OLSSON vs. CHRISTINE D. WAITE.

Appeals Court of Massachusetts, Worcester.

February 9, 1977.


Attorney(s) appearing for the Case

John A. Romano (Carole A. Romano with him) for the contestant.

Charles B. Swartwood, III, for the proponent.

Present: KEVILLE, GOODMAN, & ARMSTRONG, JJ.


ARMSTRONG, J.

By a decree entered on October 17, 1972, the trial judge disallowed for probate a signed copy of a will executed by Ann Francis, finding that the original of the will had been destroyed by her with the intention of revoking it. Mr. Olsson, the proponent and sole beneficiary named in the will, appealed. On November 16, 1972, he filed a motion to vacate the decree of October 17. At a hearing on that motion, evidence was introduced from which the judge...

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