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MARKELL v. SIDNEY B. PFEIFER FOUNDATION, INC.

9 Mass. App. Ct. 412 (1980)

402 N.E.2d 76

SAMUEL MARKELL, executor, vs. SIDNEY B. PFEIFER FOUNDATION, INC.

Appeals Court of Massachusetts, Suffolk.

March 24, 1980.

Attorney(s) appearing for the Case

Jack R. Pirozzolo (Richard L. Binder with him) for Sidney B. Pfeifer Foundation, Inc.

George A. McLaughlin, Jr. (John S. Leonard with him) for the plaintiff.

Norman S. Weinberg & Dwight L. Allison for Kate Lewis & Freda Assner, submitted a brief.

Present: GRANT, ARMSTRONG, & BROWN, JJ.

ARMSTRONG, J.

This action was commenced by Minnie G. Hey on December 19, 1967, three days before her death, and was continued by the present plaintiff, who is the executor named in her will and the principal beneficiary thereunder. The purpose of the action was to obtain a judicial determination that she had the power to revoke a scheme for the distribution of certain of her property (substantially all, apparently, of her intangible personal property, amounting to...

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