Suneson v. Suneson

In this action brought in the Superior Court under G. L. c. 231 A, the plaintiff, Norman Suneson, seeks a declaration that he, and not Yvonne Suneson, is entitled to the retirement benefits under G. L. c. 32 of his deceased brother, Paul Suneson. The case was tried on the basis that if Yvonne is considered Paul’s widow, by reason of estoppel,2 her claim, rather than Norman’s, will prevail.

We take our facts from the memorandum of decision of the trial judge, and we also adopt his reasoning. In 1971, Yvonne’s then husband, Louis Bilodeau, told her he was going to obtain a Mexican divorce.…