Monaghan v. Monaghan

Arthur D. Monaghan died domiciled in Maine on October 8, 1944, and Hugh H. Monaghan was appointed ancillary executor by the Probate Court of Norfolk County in this Commonwealth on June-8, 1945.1 The executor brought an action of contract against the testator’s brother Edwin J. Monaghan on June 18, 1945, to recover a deposit in a savings bank. The defendant in that action contended that the deposit was given to him by the testator. The report of an auditor, whose findings of fact were final, came before the Superior Court, and judgment was ordered entered for the plaintiff executor on April 1,…