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SCHENA v. PAGLIUCA

9 Mass. App. Ct. 449 (1980)

401 N.E.2d 881

LOUIS SCHENA & another vs. EMELIE M. PAGLIUCA.

Appeals Court of Massachusetts, Middlesex.

March 24, 1980.

Attorney(s) appearing for the Case

Jonathan P. Sauer (Vincent Galvin with him) for the defendant.

Walter C. Spiegel for the plaintiffs.

Present: GREANEY, PERRETTA, & KASS, JJ.

GREANEY, J.

Julia Pagliuca died in 1971. Her will, executed on November 9, 1964, left specific monetary bequests to five of her children and divided the residue of the estate among her children living at her death. The material portions of the will's third clause in controversy here disposed of certain real estate in this manner:

"THIRD: I give, devise, and bequeath an undivided one-half share of the...

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