Souza v. Rodrigues

This is an action for a partition sale of certain lands and division of the net proceeds therefrom. The petitioners brought this suit to enforce their alleged interests in a residuary estate under the will of Antonio M. Cotta. All parties thereafter moved for summary judgment. Reasoning from the language of the will that the testator intended to devise part of the residuary estate to the petitioners, the trial justice denied the respondents’ motion and granted the petitioners’ motion for summary judgment. The respondents now appeal from that judgment.

Antonio M. Cotta died on May 12, 1949,…