SHELDONE v. MARINO


398 Mass. 817 (1986)

501 N.E.2d 504

LUCILLE SHELDONE, administratrix, vs. FILOMENA MARINO.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1986.


Attorney(s) appearing for the Case

Marshall F. Newman for Lucille Sheldone, administratrix.

Edward W. McIntyre for Filomena Marino.

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


HENNESSEY, C.J.

In this case we are asked to decide whether a will contest survives when the sole contestant dies during the pendency of the contest. Although this court has referred to this issue in prior cases, it has never specifically addressed the merits of the argument. The case arises from a petition filed on August 17, 1983, in the Probate and Family Court to probate a document purporting to be the last will and testament of Rachele Marino (the decedent),...

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