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CALLAN v. WINTERS

404 Mass. 198 (1989)

534 N.E.2d 298

JOHN M. CALLAN, executor & trustee, vs. JAMES G. WINTERS & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 28, 1989.

Attorney(s) appearing for the Case

Edward F. Finnegan (Paul G. Sargent with him) for Diane Matte.

Dennis E. McHugh for William J. Mahoney & others.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

LIACOS, J.

The plaintiff, John M. Callan, as executor of the estate of Hattie L. Wilby and trustee of a trust established under her will, brought a complaint for declaratory judgment seeking a determination whether certain adopted children2 are entitled to share in the distribution of the trust. See Billings v. Fowler, 361 Mass. 230, 233-234 (1972) (complaint seeking declaratory relief...

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