CLARK v. GREENHALGE 411 Mass. 410, 582 N.E.2d 949 (1991) CASE BRIEF

CLARK V. GREENHALGE

411 Mass. 410, 582 N.E.2d 949 (1991)

NATURE OF THE CASE: This was an action to compel delivery of a bequest under a will. Appealed. This was an appeal of an order that affirmed a probate judge's decision awarding a painting to Clark (P) in P's action seeking to compel Greenhalge (D) to deliver the painting to her following the probate of a testatrix's will.

FACTS: Testatrix executed a will in 1977 naming Greenhalge (D) as both her principal beneficiary and the executor of her estate. In 1980, she executed two codicils to the will. Under the will, D was to receive all of testatrix's personal property except for those items which were otherwise disposed of in a memorandum which was mentioned in the will, and which the will recited was known to D. D had helped testatrix draft such a memorandum in 1972. Testatrix also kept a notebook, dated 1979, which listed dispositions of personal property: she made entries in this notebook periodically. In the notebook, testatrix indicated that a painting hanging in her house was to be given to her neighbor, Clark (P). This was not indicated in the memorandum which D helped her draft. After testatrix's death, D received her will, the memorandum, and the notebook, and distributed the property in accordance with the. However, he refused to give the painting to P. At trial, the judge found that the 1979 notebook was a 'memorandum' within the meaning of the will; the notebook was in existence at the time the codicils were executed; and that the codicils ratified the portion of the 1977 will referring to the memorandum.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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