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FLEET NAT. BANK v. MIGLIETTA

91-42-Appeal.

602 A.2d 544 (1992)

FLEET NATIONAL BANK v. John D. MIGLIETTA et al.

Supreme Court of Rhode Island.

January 27, 1992.

Attorney(s) appearing for the Case

Barry Hittner, Richard M. Borod, Edwards & Angell, Providence, for plaintiff.

Richard W. Zacks, Winograd & Shine, Ellen Benson, Winograd, Shine & Zacks, David Riedel, Andrew B. Prescott, Welling Thomas, Tillinghast, Collins & Graham, Lauren Jones, Jones Associates, Steven I. Rosenbaum, Hodosh, Spinella & Angelone, Providence, Kenneth Pearson, Gluss, Pearson, Scherago & Crannage, Port Washington, N.Y., Philip Brawner, Howard, Brawner & Stone, Miami, Fla., Robert C. Agee, Bronxville, N.Y., Joseph L. Kay, Albany, N.Y., Jay Levine, Bigham, Englar, Jones & Houston, New York City, David F. Fox, Middletown, Samuel A. Olevson, Pucci & Goldin, Inc., Providence, Mark A. McSally, David H. Ferrara, Taft & McSally, Cranston, Gayle F. Tarzwell, Wakefield, Elizabeth Peterson Santilli, Andrew H. David, Jr., Davis, Jenckes, Kilmarx & Swan, Providence, Mark B. Heffner, Breslin, Sweeney & Earle, Warwick, for defendants.

OPINION

SHEA, Justice.

This matter comes before the Supreme Court after a Superior Court justice granted a joint motion for certification filed pursuant to Rule 72(a) of the Superior Court Rules of Civil Procedure. This action arose out of a request for construction of the will of Samuel Pomeroy Colt filed in the Superior Court by the plaintiff as trustee under the will. We are presented with two issues on this appeal. First, we are asked to decide whether...

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