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SUMMERS v. SUMMERS

No. 88-P-23.

26 Mass. App. Ct. 592 (1988)

530 N.E.2d 370

JAMES G. SUMMERS vs. THOMAS W. SUMMERS.

Appeals Court of Massachusetts, Norfolk.

November 16, 1988.

Attorney(s) appearing for the Case

James D. St. Clair for the plaintiff.

Bruce P. Gilmore for the defendant.

Present: ARMSTRONG, KAPLAN, & DREBEN, JJ.

ARMSTRONG, J.

In 1980, the plaintiff's wife by will left him a life estate in her North Falmouth residence with the remainder to the defendant and the plaintiff's other son in equal shares. The plaintiff was authorized, however, at any time to sell the property, in which event "there shall be paid to my said husband from the proceeds of sale an amount representing the then current value of his life interest therein, and the balance

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