Zani v. Zani
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The Supreme Judicial Court vacated a portion of the summary judgment entered by the superior court in this action related to the estate of Patricia Spofford, the mother of Michael Zani and Peter Zani, holding that the Zanis' claim for declaratory judgment was not properly before the superior court.
The Zanis brought this lawsuit seeking a declaratory judgment that Spofford lacked testamentary capacity when she executed her will and claiming that Kathryn Read committed fraud when she swore that Spofford had testamentary capacity at the time of the will's execution. The superior court entered partial summary judgment for Defendants. The Supreme Judicial Court vacated the order in part, holding (1) the claim for declaratory judgment was within the probate court's exclusive jurisdiction and was not properly before the superior court; and (2) the Zanis failed to establish a prima case for at least one element of their fraud claim.
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