CLEARY v. CLEARY


427 Mass. 286 (1998)

WILLIAM J. CLEARY, JR. v. ROBERT B. CLEARY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 14, 1998.


Attorney(s) appearing for the Case

Joseph F. Ryan for the plaintiff.

Harold Hestnes for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


FRIED, J.

Two brothers, the plaintiff, William Cleary, and the defendant, Robert Cleary, were the nephews of the late Mary O'Connell. The plaintiff challenges a transaction that occurred shortly prior to Mary's death, in which the defendant, Mary's insurance agent and attorney-in-fact, assisted her in designating himself the beneficiary of two annuity policies worth approximately $446,000. We hold that the defendant bore the burden of proving that in rendering assistance...

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