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Flannery v. McNamara

Massachusetts Supreme Judicial Court

738 N.E.2d 739 (2000)

Relevant factsFree

William White's will left all of his property to his wife Katherine, but Katherine predeceased him, and the will named no contingent beneficiaries and contained no residual clause. White's attorney, Paul McNamara (defendant), as administrator, began distributing the estate by intestacy to White's cousins (heirs, defendants). Helen Flannery and Margaret Moran (plaintiffs), Katherine's sisters, petitioned for will reformation, arguing they had a close relationship with White, who had told them his house and belongings would someday be theirs. The probate court granted the heirs summary judgment, and the Flannerys appealed.

IssueFree

Whether courts reform unambiguous wills.

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