Sheldone v. Marino

In this case we are asked to decide whether a will contest survives when the sole contestant dies during the pendency of the contest. Although this court has referred to this issue in prior cases, it has never specifically addressed the merits of the argument. The case arises from a petition filed on August 17, 1983, in the Probate and Family Court to probate a document purporting to be the last will and testament of Rachele Marino (the decedent), who died on March 28, 1983. The decedent was survived by two sons and two daughters. Filomena Marino, the decedent’s daughter, was named executrix…