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IN THE MATTER OF THE ESTATE OF MORETTI

No. 06-P-1722.

69 Mass. App. Ct. 642 (2007)

IN THE MATTER OF THE ESTATE OF LAWRENCE MORETTI.

Appeals Court of Massachusetts, Suffolk.

August 1, 2007.

Attorney(s) appearing for the Case

Donna M. Evans (Breton T. Leone-Quick with her) for Romano Pagliarani.

Robert J. O'Regan (Diane A.D. Noel with him) for Rita Casoni.

Jay W. Pearlman, of New York, for Teresa Antonelli, was present but did not argue.

Present: BERRY, SMITH, & DOERFER, JJ.

BERRY, J.

This appeal involves application of the rule set forth in Cleary v. Cleary, 427 Mass. 286 (1998), and Rempelakis v. Russell, 65 Mass.App.Ct. 557 (2006), which shifts the burden to a fiduciary to prove the absence of undue influence in a challenge to a will naming the fiduciary as beneficiary. "...

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