Estate of Theodore C. Ackley
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The Supreme Judicial Court dismissed Jean Voelker's appeal of a judgment of the probate court concluding that a document proffered by Voelker as the last will and testament of Theodore Ackley (the Decedent) was not a valid holographic will, holding that this appeal was an improper interlocutory appeal.
Joseph Ackley, the Decedent's son, filed an application for informal probate of the Decedent's last will and testament. Thereafter, Voelker filed a petition for formal probate and submitted the petition of a purported copy of the Decedent's holographic will. The probate court granted Ackley's motion for judgment as a matter of law, finding that the document was not a valid holographic will. The court, however, did not render a decision on Voelker's counter-motion for judgment as a matter of law arguing that the document she submitted was valid as a holographic will. Voelker appealed. The Supreme Judicial Court dismissed the appeal brought from the probate court's interlocutory order, holding that the order was not a final judgment, and therefore, the appeal must be dismissed.
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