Maltzman v. Hertz

The bill of complaint is purportedly brought pursuant to G. L. (Ter. Ed.) c. 230, § 5, as amended by St. 1934, c. 116, by a son and heir of Bessie Maltzman, late of Chelsea. There are allegations that one Gross, the executrix under her will, appointed by the Probate Court for Suffolk County, has refused to bring this suit, although so requested by the plaintiff; that the defendant’s intestate was a physician in Boston; that on or about November 30, 1948, while the plaintiff’s mother was a patient at a hospital in Boston and “under the care and control of said defendant [sic], he wilfully,…