AZARIAN v. FIRST NATIONAL BANK OF BOSTON


383 Mass. 492 (1981)

423 N.E.2d 749

MADELINE (KANNEN) AZARIAN & another vs. THE FIRST NATIONAL BANK OF BOSTON, executor.

Supreme Judicial Court of Massachusetts, Worcester.

May 1, 1981.


Attorney(s) appearing for the Case

David S. Fox (Michael B. Milsom with him) for the plaintiffs.

Brian D. Bixby for the defendant.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


BRAUCHER, J.

The Probate Court allowed accounts filed by the executor under the will of Gregory J. Azarian, late of Westminster. The will gave tangible personal property to issue of the testator — three minor daughters — and the residue to a living trust of which the three daughters are now the only beneficiaries. Two of the daughters moved to vacate the judgment allowing the accounts, claiming that their attorney had filed an appearance before the accounts...

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