Crowell v. Sallen

The question for decision in this case is the proper interpretation of the words “probate of the will” as they are employed in G. L. c. 191, § 15, as appearing in St. 1964, c. 288, § l.2 The question arises on the following undisputed facts.

On January 1, 1978, Loris G. Stefani of Wellfleet died leaving a will by which he bequeathed $1.00 apiece to his surviving widow (Elizabeth Stefani) and each of four named children, devised and bequeathed the residue of his estate to one Eleanor Sallen if she should survive him, and nominated *438Sallen to serve as the executrix of the will. On May 3, 1978,…