Tucci v. DiGregorio

This is a petition in equity brought under G. L. c. 231A for a declaration of the rights of the parties to a parcel of real estate devised by the will of their late uncle Luigi DiGregorio (testator). The case was heard on an “agreed statement of facts” and documentary evidence consisting of the will and three photographs of the real estate, all of which the trial judge treated as a case stated. Thus we have before us everything which was before the trial judge, and we decide the questions of law involved unaffected by his decision. Fiduciary Trust Co. v. First Natl. Bank, 344 Mass. 1, 4.…