Pagliarulo v. National Shawmut Bank

By clause Fourth of the will of Joseph A. Gavegnano, late of Lynnfield, his daughter Caroline is given all his “tangible, personal property.” This petition in the Probate Court, Essex County, seeks a declaratory decree that nineteen thoroughbred horses owned by the testator and a cashier’s check of the respondent bank payable to him are “tangible, personal property” within that clause. The judge entered a decree that they are such property. The respondents appealed. The judge made a report of the material facts found by him under G. L. c. 215, § 11. The very brief report does not present all…