Fiorentino v. Probate Court

(dissenting, with whom Quirico and Brau-cher, JJ., join). The Fernandez case became moot in September, 1973. The Fiorentino case will become moot on April 1, 1974. Nevertheless, as the cases were properly brought before the two-year residence requirement ex*27pired, we would ordinárily agree with the majority that we should declare the rights of the parties. See Karchmar v. Worcester, 364 Mass. 124, 136 (1973). In this case, however, we are adjudicating a difficult and important Federal constitutional question on which other courts have divided and which the Supreme Court of the United States…