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Love v. Love

Appeals Court of Massachusetts
Dec 6, 1977
370 N.E.2d 445 (Mass. App. Ct. 1977)

Opinion

December 6, 1977.

John T. Donoghue for Albert E. Love, Jr.

Bernard A. Dwork for Edison M. Love another.


This is an appeal by the contestant of an alleged will of Eldon M. Love from the denial of his motion to frame jury issues. Having considered the entire record of the case, which includes the testimony of witnesses (rather than the customary statements of expected proof) and a record of the hospitalization of the deceased which began on the day the alleged will was signed, having given due weight to the decision of the trial judge ( Laws v. Aschenbeck, 326 Mass. 7, 11 [1950]), and having applied the frequently stated principles governing such cases ( Neill v. Brackett, 234 Mass. 367, 369-370 [1920]; Morin v. Morin, 328 Mass. 33, 34 [1951]; Stewart v. Forrest, 356 Mass. 728; Markus v. Gross, 1 Mass. App. Ct. 823), we are of the opinion that there was no error.

Order affirmed.


Summaries of

Love v. Love

Appeals Court of Massachusetts
Dec 6, 1977
370 N.E.2d 445 (Mass. App. Ct. 1977)
Case details for

Love v. Love

Case Details

Full title:EDISON M. LOVE another vs. ALBERT E. LOVE, JR

Court:Appeals Court of Massachusetts

Date published: Dec 6, 1977

Citations

370 N.E.2d 445 (Mass. App. Ct. 1977)
370 N.E.2d 445

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