Miller v. McNamara

The principal question presented in this case is whether a legatee in a will is entitled to equitable relief where, the existence of the will not being known, administration was granted upon the estate as intestate and it was settled as such. The action was brought by a sister of the decedent to whom a bequest of $4000 was given in the will; she died and the administrator upon her estate was substituted as plaintiff, but we shall refer to the sister as the plaintiff. The complaint, based upon allegations of fraud and mistake, sought a judgment that the decrees of the Probate Court made in the…