GREANEY, J.
The defendant appeals from a judgment rendered against him as the personal representative of the estate of Peter J. Haste (the decedent) and from an order denying his motion for a new trial. Mass.R.Civ.P. 59(a), 365 Mass. 827 (1974). The action was originally brought by a complaint filed in the Supreme Judicial Court pursuant to the provisions of G.L.c. 197, § 10, as appearing in
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