Davis v. Parker

The plaintiff, Florence A. Davis (Davis), appeals from the denial of her petition to revoke the allowance of the will of Albert W. Westerberg, Jr., late of Wilbraham, Massachusetts. Davis claims that she was the common law wife of the decedent and that the will, which was allowed on October 16, 1973, had been revoked by virtue of her marriage to the decedent. She also asserts, although her petition is silent on the point, that she received inadequate notice of the hearing on the petition for the allowance of the will (after she had filed an appearance against it), and she claims error in the…