BROGAN v. BROGAN

No. 01-P-1683.

59 Mass. App. Ct. 398 (2003)

THOMAS P. BROGAN v. MARY ANNE BROGAN, executrix.

Appeals Court of Massachusetts, Plymouth.

September 25, 2003.


Attorney(s) appearing for the Case

Brian K. Bowen for the plaintiff.

Lisa M. Raymond for the defendant.

Present: PORADA, KASS, & GREENBERG, JJ.


KASS, J.

We deal with further nuances of the application of Probate Court Rule 16 (1987), when someone contests a will.

1. Factual background. At the time of her death at age eighty on April 6, 2000, Mary G. Brogan (testatrix) had lived with her daughter, Mary Anne Brogan, in Mattapoisett for some thirteen years. She had executed a will, witnessed by two residents of Mattapoisett, approximately six weeks before she died. The will directed division of...

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