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LOWELL v. KOWALSKI

380 Mass. 663 (1980)

405 N.E.2d 135

ALLYSON MARIE LOWELL vs. SANDRA J. KOWALSKI, administratrix.

Supreme Judicial Court of Massachusetts, Worcester.

May 14, 1980.

Attorney(s) appearing for the Case

David A. Wojcik for the plaintiff.

Allen Rubin, for the defendant, submitted a brief.

Francis X. Bellotti, Attorney General, Linda-Marie Irvin, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.

WILKINS, J.

This action was commenced in a Probate Court seeking a declaratory judgment that the plaintiff Allyson Marie Lowell is the daughter of Francis R. Kowalski (Kowalski) and is entitled to share in the distribution of the assets of Kowalski's estate. Kowalski died shortly before the plaintiff's birth.

The judge found that Kowalski was the father of the plaintiff, that her parents never were married to each...

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