Old Colony Trust Co. v. Di Cola
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for Norfolk County allowing the will of Gaspare Di Cola, late of Brookline. Issues were framed and were referred to the Superior Court for a jury trial as to the execution of the will, the soundness of the testator’s mind, and as to whether the alleged will was "procured to be made by the fraud or undue influence of Antonio G. Tomasello, Joseph A. Tomasello, Antonino Marchetti, Wayland F. Dorothy, and the person described in the will…
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Appeal from a decree of the Probate Court for Norfolk County allowing the will of Gaspare Di Cola, late of Brookline. Issues were framed and were referred to the Superior Court for a jury trial as to the execution of the will, the soundness of the testator’s mind, and as to whether the alleged will was "procured to be made by the fraud or undue influence of Antonio G. Tomasello, Joseph A. Tomasello, Antonino Marchetti, Wayland F. Dorothy, and the person described in the will as the wife Antonina Di Cola (otherwise known as Antonina Bova) or any of them.” The issues were tried in the Superior…
1Opinion of the CourtCarroll, J.
This is an appeal from a decree of the Probate Court allowing the will of Gaspare Di Cola. Issues were framed and the trial was in the Superior Court. The woman, Antonina Bova, described in the will as the wife of the testator and known as Mrs. Di Cola, kept house for him for several years. He bequeathed to her the furnishings of the home, jewelry and Italian government bonds. She was also to receive $100 a month during her life, and in addition was given the use of a tenement in the testator’s house in Brookline. The remainder of his estate was given to his brother.
The jury found that the…
2Cases cited13 opinions
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
- May v. BradleeMassachusetts Supreme Judicial Court · 1879
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Jenkins v. WestonMassachusetts Supreme Judicial Court · 1909
- Chase v. WoodburyMassachusetts Supreme Judicial Court · 1850
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Commonwealth v. BoydMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. SchulzeMassachusetts Supreme Judicial Court · 1983
- Wellman v. CarterMassachusetts Supreme Judicial Court · 1934
- Taylor v. CreeleyMassachusetts Supreme Judicial Court · 1926
- Monahan v. Economy Grocery Stores Corp.Massachusetts Supreme Judicial Court · 1933
19 more not listed; retrieve them via the Exa API.