MUNDY v. SIMMONS


424 A.2d 135 (1980)

Patricia MUNDY, as next friend of her minor children: Alison L., Pamela J., Beth, William T. and Tricia A. Mundy v. Shirley Mundy SIMMONS, individually and as next friend of her minor child, Benjamin Mundy.

Supreme Judicial Court of Maine.

Decided December 30, 1980.


Attorney(s) appearing for the Case

Sunenblick, Fontaine & Reben, Howard T. Reben (orally), M. Elaine Patrick, Portland, for plaintiff.

Monaghan & Leahy, Joan M. Kidman (orally), Thomas F. Monaghan, Kevin G. Libby, Portland, for defendant.

Before WERNICK, GODFREY, NICHOLS, GLASSMAN, ROBERTS and CARTER, JJ., and DUFRESNE, A.R.J.


DUFRESNE, Active Retired Justice.

The plaintiff, Patricia Mundy, instituted the instant action for declaratory judgment in the Superior Court, Cumberland County, as next friend of her five minor children by her deceased former husband, William Mundy, pursuant to 14 M.R.S.A. § 5954.1 She brought in as party defendant the decedent's widow, Shirley Mundy, since remarried to one Simmons, in her individual capacity as widow of William...

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