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PAINE v. SULLIVAN

No. 10-P-289.

79 Mass. App. Ct. 811 (2011)

SUSAN W. PAINE v. VALERIE E. SULLIVAN.

Appeals Court of Massachusetts, Norfolk.

July 22, 2011.

Attorney(s) appearing for the Case

Robert J. O'Regan for Valerie E. Sullivan.

Kathleen L. Kane for Susan W. Paine.

Present: KAFKER, SMITH, & HANLON, JJ.

HANLON, J.

Valerie E. Sullivan (Valerie) appeals from the decision of a Probate and Family Court judge concluding that the testator, John L. Sullivan (John), possessed testamentary capacity when he executed his last will and testament on June 26, 2004 (will), and also that the will was not the product of undue influence. We agree that the will was not the product of undue influence, but we hold that the petitioner, Susan W. Paine, did not meet her burden of proving...

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