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GERMAIN v. GIRARD

No. 07-P-811.

72 Mass. App. Ct. 409 (2008)

PAULA GERMAIN v. THERESA A. GIRARD.

Appeals Court of Massachusetts, Worcester.

August 21, 2008.

Attorney(s) appearing for the Case

David A. Wallace (David I. Shorr with him) for the defendant.

Francis J. Russell for the plaintiff.

Present: RAPOZA, C.J., KAFKER, & GREEN, JJ.

GREEN, J.

While hospitalized shortly before his death in November of 2004, George R. Girard (George) executed a last will and testament to replace his previous will, executed in 1983. At the time of his death, the most valuable asset in George's estate was thought to be the anticipated proceeds from a lawsuit he had filed seeking damages for personal injuries suffered from his exposure to asbestos.1 Under the terms of the 2004 will,

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