Connors v. Werbinski

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

The defendant, as executrix of her mother’s will, moves for summary judgment claiming that the plaintiff is barred from bringing a creditor’s claim for personal services against the estate under G.L. c. 197, sec. 10 because in “justice and equity” he is not entitled to relief and is chargeable with culpable neglect in failing to commence his suit within the time limited by G.L. c. 197, sec. 9. I agree.

1. The Facts.

From the pleadings, affidavits, depositions and statements of counsel during argument, M. R. Civ. P. 56(d), the…