FITZPATRICK v. SMALL

No. 89-P-846.

29 Mass. App. Ct. 704 (1991)

564 N.E.2d 1035

FRANCIS J. FITZPATRICK, executor, vs. DONALD F. SMALL & others.

Appeals Court of Massachusetts, Barnstable.

January 14, 1991.


Attorney(s) appearing for the Case

David L. Bertonazzi for the plaintiff.

Present: SMITH, FINE, & IRELAND, JJ.


IRELAND, J.

This appeal involves a clash between testamentary intent and statutory directive. Specifically, we must decide whether a designation of beneficiary form executed pursuant to an individual retirement account (IRA) takes precedence over a later testamentary disposition directing the distribution of the same IRA proceeds. We hold that a designation of beneficiary form, executed in accordance with the provisions of the IRA plan under which it is to operate...

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