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eBook details

• Title: Kathleen C. Demello v. Manuel C. Demello
• Author : Appeals Court of Massachusetts
• Release Date : January 04, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Under a will providing for the establishment of a trust which included as a beneficiary the surviving widow or widower of any of the testator's six children, provided such person was living at the time of the testator's death, income was to be distributed to the widow of one of the testator's sons, who entered into a second marriage with her after the testator's death, where the circumstances, including the fact that one of the testator's daughters was unmarried at the time the will was executed, warranted the Conclusion that the testator intended to benefit the widows and widowers of all her children, and not only those persons who were married to her children at the time of execution of her will or at the time of her death. [70-71] The plaintiff brought this action claiming that she, as a ""surviving widow,"" is an income beneficiary under the will of her mother-in-law, Jacintha C. DeMello. A Probate Judge held she was not and entered summary judgment for the defendants. We reverse.

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