ROSE v. ROSE

No. 10-P-1889.

80 Mass. App. Ct. 480 (2011)

DEBORAH ROSE & another v. EDWARD ROSE & others.

Appeals Court of Massachusetts, Norfolk.

September 26, 2011.


Attorney(s) appearing for the Case

Daniel J. Finn, III , for the plaintiffs.

David J. Himmelberger for the defendants.

Present: GRAHAM, BROWN, & SIKORA, JJ.


BROWN, J.

The narrow issue before us is whether a specific bequest of certain real property was adeemed by actions taken by the testator before her death but after she had executed her will. We conclude that there was a substantial change in the form of the real property at issue such that the Probate and Family Court judge's conclusion that the bequest had been adeemed is correct.

Background. On July 14, 1914, the testator, Mary Rose, purchased a certain...

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