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O'ROURKE v. HUNTER

446 Mass. 814 (2006)

EDWARD O'ROURKE, JR. v. MAUREEN HUNTER.

Supreme Court of Massachusetts, Worcester.

May 31, 2006.

Attorney(s) appearing for the Case

Barry A. Bachrach for the plaintiff.

Michael J. Traft for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

This appeal from a will contest causes us to clarify the relationship between the provisions of Rules 16 and 27B of the Rules of the Probate Court (2006), specifically whether a will proponent must first exhaust the procedures set forth in rule 16 before moving for summary judgment pursuant to rule 27B, as the Appeals Court has mandated. See Brogan v. Brogan, 59 Mass.App...

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