Law Offices of Richard Mucci
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June 2015 Archives

Buyer Beware: Premises Liability Cases Where Customers Serve Themselves

In Massachusetts, businesses that allow customers to serve themselves may face liability for hazards created by customers moving the merchandise. In a recent case, the appeals court decided whether the mode of operation doctrine applies when customer manipulation of merchandise creates a hazard that is not related to the merchandise itself. 

Testamentary Capacity in Massachusetts

The Appeals Court of Massachusetts recently addressed the issue of testamentary capacity. In In the Matter of the Estate of Fred S. Rosen, a will contestant appealed a court decree allowing the will, a judgment dismissing his challenge to the decedent's retirement account beneficiary designation, and a judgment holding that the beneficiary designation was valid. The contestant argued that the testator did not have testamentary capacity when he changed his will and beneficiary designation. He further argued that the tangible remainder provision of the will was invalid because it did not sufficiently identify the beneficiaries.

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Law Offices of Richard Mucci
63 Shore Road #23
Winchester, MA 01890

Phone: 781-369-9222
Phone: (781) 729-3999
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