Marcus v. Pearce Woolen Mills, Inc.

This is an appeal from a decree of the Probate Court vacating the appearance of an attorney for Pearce Woolen Mills, Inc. (Pearce), an attaching creditor of one Richard S. Marcus, a son and heir at law of the testator.

Maurice Marcus died on August 11, 1966. His heirs at law were his widow, a son, a daughter and two grandchildren. The widow filed a petition for probate of the testator’s will, under the terms of which she was the sole beneficiary. The testator died seized of real estate in Worcester County. On October 6, 1966, Pearce made an attachment “of the real estate of Richard S. Marcus…