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MCMILLEN v. MCMILLEN

No. 00-P-1442.

57 Mass. App. Ct. 568 (2003)

MICHAEL A. MCMILLEN, executor, v. CAROLE GOLDSBOROUGH MCMILLEN & another.

Court of Appeals of Massachusetts, Essex.

March 13, 2003.

Attorney(s) appearing for the Case

Kevin M. Dalton for the plaintiff.

Raymond A. O'Brien for Julie C. McMillen.

John S. Legasey for Carole Goldsborough McMillen.

Present: JACOBS, DOERFER, & COHEN, JJ.

COHEN, J.

When Louis A. McMillen (Louis) died on May 4, 1998, he left a surviving spouse, Carole Goldsborough McMillen (Carole); children and stepchildren from two prior marriages, including a son, Michael A. McMillen (Michael); and a granddaughter, Melissa McMillen (Melissa), the daughter of Louis's deceased son and Julie C. McMillen (Julie). A dispute over the testamentary disposition of Louis's tangible personal...

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