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Asack v. Asack

Appeals Court of Massachusetts
Jan 30, 1975
322 N.E.2d 440 (Mass. App. Ct. 1975)

Opinion

January 30, 1975.

Earl Auerbach for the respondents.

Ralph G. Silverstein for the petitioners.


After an extensive hearing a judge of a Probate Court entered a decree allowing the will of Adele Asack, late of Brockton. 1. A review of the evidence discloses that the judge's findings (implicit in the entry of the decree) on the issues of due execution, testamentary capacity, and undue influence were not plainly wrong. Montgomery v. von Metzler, 2 Mass. App. Ct. 885 (1974). 2. There was sufficient evidence that Dr. Masurkie was an attending physician so that his opinions as to the testatrix's mental capacity at times shortly before and after the execution of the will were properly admitted. Hastings v. Rider, 99 Mass. 622, 625 (1868). The number of times that Dr. Masurkie had seen the testatrix and the length of time during which she had been his patient went to the weight rather than to the competency of his testimony. Id. at 627.

Decree affirmed.


Summaries of

Asack v. Asack

Appeals Court of Massachusetts
Jan 30, 1975
322 N.E.2d 440 (Mass. App. Ct. 1975)
Case details for

Asack v. Asack

Case Details

Full title:MARGARET ASACK others vs. LOUIS ASACK others

Court:Appeals Court of Massachusetts

Date published: Jan 30, 1975

Citations

322 N.E.2d 440 (Mass. App. Ct. 1975)
3 Mass. App. Ct. 702