Nickerson v. Allen

On June 5, 1933, the Probate Court for the county of Plymouth, after service of a citation by publication, entered a decree allowing the will of Frances Warder, late of Brockton. On June 4, 1934, Frank C. Nickerson, claiming to be the brother by adoption and sole heir of the testatrix, filed a petition, alleging that he had received no notice of the proceedings and praying that the decree be revoked and the will disallowed. See Goss v. Donnell, 263 Mass. 521. The executor moved that Nickerson’s appearance be struck out on the ground that he was not an heir or next of kin. At the hearing it…