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DiFILIPPO v. DiFILIPPO

No. 92-P-1774.

37 Mass. App. Ct. 533 (1994)

640 N.E.2d 1120

GUY J. DiFILIPPO & another, executors, vs. CARL F. DiFILIPPO.

Appeals Court of Massachusetts, Middlesex.

October 24, 1994.

Attorney(s) appearing for the Case

Margaret C. Mahoney for the defendant.

Geoffrey A. Curtis for the plaintiffs.

Present: DREBEN, JACOBS, & PORADA, JJ.

DREBEN, J.

On the date of her death, September 24, 1981, Maria Carmela DiFilippo owned an interest in a two-family house located at 905 Main Street, Winchester (the property). Two of her nine children were appointed executors of her estate. After a dispute arose between the executors and their brother Carl F. DiFilippo (Carl) as to whether they could sell the property to a person other than Carl, they filed a complaint...

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