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HOWE v. JOHNSTON

No. 94-P-1946.

39 Mass. App. Ct. 651 (1996)

STEPHEN W. HOWE, administrator, vs. JOSEPH F. JOHNSTON, administrator, & others.

Appeals Court of Massachusetts, Suffolk.

January 23, 1996.

Attorney(s) appearing for the Case

Richard F. Benway for the defendants.

John T. Daley for the plaintiff.

Present: DREBEN, GILLERMAN, & JACOBS, JJ.

DREBEN, J.

Adeline Fuoco, age ninety-three, died on April 28, 1989, survived by ten children. In 1985, she transferred a parcel of real estate to her son Joseph. In 1991, Stephen Howe, the administrator of her estate, sought to set aside the deed on the ground that Adeline had been incompetent at the time of execution. After a trial, a probate judge declared the deed null and void.4 Joseph's daughter and sole heir, Kelley Dunshee, and...

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