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TRETOLA v. TRETOLA

No. 03-P-223.

61 Mass. App. Ct. 518 (2004)

811 N.E.2d 1037

CATHRYN S. TRETOLA v. CAROLYN TRETOLA.

Appeals Court of Massachusetts, Norfolk.

July 19, 2004.

Attorney(s) appearing for the Case

Thomas V. Urmy, Jr. (Michelle H. Blauner with him) for the plaintiff.

Edward D. McDonald for the defendant.

Present: CYPHER, DREBEN, & TRAINOR, JJ.

DREBEN, J.

The question to be determined in this appeal is whether the devolution of three parcels of real estate in Quincy is governed by the terms of a trust established by Joseph S. Tretola or by the provisions of his will. If the trust is valid, the beneficial interests in the properties are owned fifty per cent by the decedent's daughter, Cathryn S. Tretola, and fifty per cent by the decedent's widow, Carolyn M. Tretola. If the trust is invalid, Carolyn inherits...

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