DeMELLO v. DeMELLO


19 Mass. App. Ct. 68 (1984)

471 N.E.2d 406

KATHLEEN C. DeMELLO vs. MANUEL C. DeMELLO, trustee, and others.

Appeals Court of Massachusetts, Bristol.

December 4, 1984.


Attorney(s) appearing for the Case

Daniel C. Perry for the plaintiff.

Frederick W. Holbrow for the defendants.

Present: PERRETTA, DREBEN, & KASS, JJ.


DREBEN, J.

The plaintiff brought this action claiming that she, as a "surviving widow," is an income beneficiary under the will of her mother-in-law, Jacintha C. DeMello. A Probate judge held she was not and entered summary judgment for the defendants. We reverse.

Jacintha C. DeMello left all of her property in trust as follows:

"To pay the income to my children — Manuel C. DeMello, Angelo...

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