FOLEY v. EVANS

No. 89-P-984.

30 Mass. App. Ct. 509 (1991)

570 N.E.2d 179

MARILYN F. FOLEY & another vs. FRANK F. EVANS, trustee.

Appeals Court of Massachusetts, Essex.

April 29, 1991.


Attorney(s) appearing for the Case

Michael F. Ward for the defendant.

Jean Carey Davis for the plaintiffs.

Present: WARNER, C.J., ARMSTRONG, & LAURENCE, JJ.


LAURENCE, J.

This is a controversy between adopted and biological grandchildren over the construction of their grandfather's 1935 will. Frank F. Evans, a biological grandchild, asserts error by the Probate Court judge in allowing the motion for summary judgment by the plaintiffs below, Marilyn F. Foley and Sterling Leonard, the adopted grandchildren. The gist of the judge's ruling was to declare Marilyn and Sterling...

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