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ONELLO v. TWOMEY

No. 92-P-948.

35 Mass. App. Ct. 671 (1993)

624 N.E.2d 610

HARRIETT HOLZMAN ONELLO, administratrix, vs. JOHN B. TWOMEY.

Appeals Court of Massachusetts, Middlesex.

December 24, 1993.

Attorney(s) appearing for the Case

Lawrence W. Frisoli for the defendant.

Beth S. Herr for the plaintiff.

Present: ARMSTRONG, DREBEN, & IRELAND, JJ.

DREBEN, J.

After the death of his wife, the husband, citing Diggs v. Diggs, 291 Mass. 399, 401 (1935), and Edinburg v. Edinburg, 22 Mass.App.Ct. 192, 197 (1986), moved to dismiss her divorce complaint and to vacate the judgment of divorce nisi. He claimed that the judgment had not become absolute and, hence, the death of his wife abated the pending divorce action. This is an appeal from the...

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