SCATTARETICO v. PUGLISI

No. 02-P-313.

60 Mass. App. Ct. 138 (2003)

MARY SCATTARETICO, administratrix, v. JOHN PUGLISI, JR., & another.

Appeals Court of Massachusetts, Barnstable.

December 4, 2003.


Attorney(s) appearing for the Case

Nicole M. Procida for the plaintiff.

Lois M. Farmer for Una Martin Puglisi.

Present: ARMSTRONG, C.J., KAPLAN, & PORADA, JJ.


KAPLAN, J.

Suppose an executor sues to rescind a conveyance wrested from the testator by fraud and to retrieve the property for the estate: what if it was the beneficiary under the will who committed the fraud? Such a question resounds in this appeal.

1. It will be convenient to start with background facts as developed at the jury trial. John Puglisi, Jr. (hereafter "John, Jr.") and Una Martin Puglisi were married on August 17, 1985, the second marriage for...

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