Spiliotis v. Campbell

This action is brought by the administratrix of the estate of Concetta M. Spiliotis and by Nicholas P. Spiliotis, the son of Concetta, against the estate of Philip N. Spiliotis (Concetta’s former husband and Nicholas’s father) for arrears in alimony, child support, school tuition and books pursuant to a decree of divorce dated January 26, 1967. The complaint alleges that Concetta died on April 5, 1970, and that Philip died August 27, 1979, “having paid nothing” under the decree. The defendant filed a motion to dismiss under Mass.R.Dom.Rel.P. 12(b)(6) (1975). Although ruling that the complaint…