Dazio v. Wainwright

GLADNEY, Judge.

This appeal is from a judgment dismissing an action to annul a probate judgment recognizing defendant as surviving spouse of Anthony (Tony) Dazio and placing her in possession of his estate. Named plaintiffs in the original petition were Joseph S. Dazio, Pauline D. Delfulco and Mary D. Priola, who alleged they were brother and sisters respectively of the decedent, Anthony Dazio, and as such his sole and only heirs. It was averred also that the defendant was never lawfully married to Anthony Dazio. Joseph S. Dazio and Pauline D. Delfulco died before the case was tried and motion…