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ERB v. LEE

13 Mass. App. Ct. 120 (1982)

430 N.E.2d 869

DONALD R. ERB vs. RICHARD LEE.

Appeals Court of Massachusetts, Worcester.

February 1, 1982.

Attorney(s) appearing for the Case

Richard Clarke Pease for Flora Bates.

John Evans for Richard Lee.

Present: HALE, C.J., ROSE, & DREBEN, JJ.

HALE, C.J.

This is an appeal by Flora Bates from a decree disallowing a petition brought by Donald R. Erb for the probate of an instrument purporting to be the last will of Maud E. Buzzell (decedent). Richard Lee, grandson of the decedent, opposed the allowance of the petition. A probate court judge found that the decedent was without testamentary capacity when the will was executed. He also found that the will's execution was not the free act of the decedent, but...

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