Fiumara v. Galvin

Feeley, Timothy Q., J.

This is an action for declaratory judgment brought by the Executrixes of the Estate of Peter J. Fiumara (“Fiumara”). The defendants are the five surviving children of Fiumara and three of Fiumara’s grandchildren (the “grandchildren”) who survived Fiumara’s sixth child at the time of Fiumara’s death. The executrixes, who are also two of the surviving children and are named as defendants in their personal capacities, have attempted to marshal the assets of the estate and distribute those assets in accordance with Fiumara’s will.1 This action, by means of plaintiffs’ first…