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L.W.K. v. E.R.C

432 Mass. 438 (2000)

L.W.K. & another v. E.R.C., executrix, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

September 14, 2000.

Attorney(s) appearing for the Case

Burton Chandler (Darragh K. Kasakoff with him) for the defendants.

Margot A. Clower (Karen Dean-Smith with her) for the child.

Present: (Sitting at Worcester): MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.

MARSHALL, C.J.

Pursuant to G. L. c. 215, § 13,4 and Mass. R. Dom. Rel. P. 64, a judge in the Probate and Family Court reserved and reported four questions concerning the financial obligations of a deceased father's estate to his minor child:

"1. whether a testator, survived by a minor child to whom he owed ... support pursuant to a court order, may disinherit that child pursuant to the [omitted child statute,] G. L. c. 191...

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