O'Rourke v. Hunter

This appeal from a will contest causes us to clarify the relationship between the provisions of Rules 16 and 27B of the Rules of the Probate Court (2006), specifically whether a will proponent must first exhaust the procedures set *815forth in rule 16 before moving for summary judgment pursuant to rule 27B, as the Appeals Court has mandated. See Brogan v. Brogan, 59 Mass. App. Ct. 398, 404 (2003). We conclude that no such exhaustion is required. We therefore affirm the order of the Probate and Family Court judge in this case entering summary judgment for the proponent of the will at issue and…