FLANNERY v. FLANNERY


429 Mass. 55 (1999)

JOAN L. FLANNERY v. JILL FALLON FLANNERY, executrix.

Supreme Judicial Court of Massachusetts, Norfolk.

February 22, 1999.


Attorney(s) appearing for the Case

Whitton E. Norris, III, for the plaintiff.

Mary P. Harrington (Jill E. Fallon with her) for the defendant.

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


IRELAND, J.

This case raises the question whether a former wife's action for contracted-for alimony, commenced five years after the death of her former husband, is governed by the one-year limitation period in G. L. c. 197, § 9 (a), or by G. L. c. 197, § 13, which provides a limitation period that expires when the decedent's estate has been fully administered. We conclude that the plaintiff's claim for alimony due during the year following the decedent...

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