Costello v. Conlon

Decree affirmed. The contestant appeals from a decree allowing a will and one codicil, in which Mr. Costello, the decedent’s Rhode Island lawyer, was named as executor. There is no report of material facts. The evidence, which is reported, amply supports the conclusions that the decedent had her domicil in Massachusetts at her death on October 26, 1960, when nearly 94, and that she had testamentary capacity in 1957 when the will and codicil were executed. One witness to the codicil had moved to Connecticut and was in poor health. Her testimony was not essential. See Finer v. Steuer, 255 Mass.…