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POST-GAZETTE, APRIL 30, 2010 Page5 David J. Saliba Attorney at Law LEGAL I nterest THE VALIDITY OF THE COPY OF A LOST WILL If the original will can't be found is a copy of it valid? In the Matter of the Estate of Marc R. Beauregard SJC-10455 SUPREME JUDICIAL COURT OF MASSACHUSETTS 456 Mass. 161; 921 N.E. 2d 954 February 22, 2010, Decided Marc. R. Beauregard died on July 19, 2003. He had written a will leaving sig- nificant assets to his friend Steven D. Knight. Original will could not be found. Knight filed a copy of the will into the court. The parents Of the deceased objected to the copy of the will. The Pro- bate Judge decided that the copy of the will was not ac- cepted as valid. On appeal, Raymound L. Beauregard does not contest the judge's finding that the June 1 i, 2003, will was prop- erly executed and was not a forgery. The will executed on June 11, 2003, by its terms re- voked all wills previously made by the decedent, A copy of another will executed two days earlier, on June 9, 2003 was also entered in evidence. The June 9 copy is identical to the June II copy offered for probate, ex- cept that it was not signed by two witnesses. Because Knight proffered only a copy of the decedent's will, the judge applied the evidentiary presumption that "where a will once known to exist cannot be found after the death of the testator, there is a presump- tion that it was destroyed by the maker with an intent to revoke it." The judge concluded that Knight had failed to rebut the presumption, and dis- missed his petition, Knight appealed, The Supreme Ju- dicial Court agreed with the trial judge. The court said, When a will is traced to the testator's possession or to where he had ready access to it and the original cannot be located after his death, there are three plausible explanations for the will's absence: (I) the testator de- stroyed it with the intent to revoke it; (2) the will was accidently destroyed or lost; or (3) the will was wrongfully destroyed or sup- pressed by someone who was dissatisfied with its terms. Massachusetts law presumes the first -- that the testator destroyed the will with the intent to revoke it. It is settled law that where a will once known to exist cannot be found after the death of the testator, there is a presump- tion that it was destroyed by the maker with an intent to revoke it. The court decided that a copy of the original will was not valid. There is a presumption that a missing will was destroyed. It doesn't mean that a copy of the missing will is always invalid. There should be some evidence that it wasn't destroyed. Knight did not get the benefits of the lost will. This case says don't lose the original will. If you put the will in a safe deposit box make sure someone in addition to your has access to the box. If not, and you die, who can open the box to get the will. Let someone in the family know where the original will is. DANTE ALIGHIERI, Part II A Short History of Florence and Dante's Education by Dominic Avellani, Director of the East Boston Adult Ed.Center In this article, l would like to mention a few details about Dante and Flo- rence in the 1300's. Little is known about Dante's edu- cation but we do know that he knew the Florentine dialect (which eventually became the Ital- ian language), he knew Latin {he memorized the epic Roman book {poem) "The Aeneid" written by Virgil (2,000 years ago), he spoke and wrote French, he attended the University of Bologna (he mentions the two leaning towers of Bolo- gna in his Divine Comedy) and had an extensive edu- cation of the ancient Greeks and Romans (Virgil, Aristotles, Socrates, Sen- eca, to mention a few). The Florentines used to walk on paved streets and were the first Europeans to eat with forks and spoons made of silver. Most of Europe ate with spoons and forks made of wood or cheap metals. The Florentine ladies wore tight clothes (la moda) which made one visiting Pope very angry. Florence was very wealthy. In 1,000 A.D. (I,000 years ago) there was no Florence. There was only land where cows and other animals grazed at the edge of the Arno River (Something like Wash- ington D.C. was in 1780 at the edge of the Potomic River). During that period people from a town called Fiesole (in the local moun- tains) used to come down the mountain, load their wagons with water from the Arno River then track back up the mountain to Fiesole. A man from Fiesole decided to build a capanna (a shed) near il flume Arno and thus began the city of Florence. From one hut it grew too 100 huts and the city grew very rap- idly. By the 1 I00 the walls of the city were over 45 feet tall {like a four-story building) and they went for miles. More people tried to move into the walled city and they were turned away, so they camped outside of the city walls. One famous leader said lets tear down the old city walls and make the city bigger by building the wall around the new comers who were camped outside all DIVORCE • CRIMINAL • LAW OFFICES OF FRANK J. CIANO 230 MSGR. O'BRIEN HIGHWAY GENERAL PRACTICE OF LAW WILLS • ESTATE PLANNING • TRUSTS PERSONAL INJURY • WORKERSCOMP. 617-354-9400 Si Parla Italiano • CAMBRIDGE, MASSACHUSETTS 02141 around Florence. By 1215 the city became one of the biggest cities in Europe with over 70,000 inhabitants. In 1200, most of Europe was either rich or poor {peas- ant or aristocrat). But not Florence. It was mostly made up of guilds (Unions). As a result, there were unions of accountants, unions of blacksmiths, unions of bank- ers, unions of educators, unions of jewelers, even Dante joined the unions of poetas as an literati in 1295. They were like us in the U.S. today -- Capitalists. The city had expanded so much; it now occupied both sides of the River Arno. More and more human traffic, horse and buggy traffic, wagons taking groceries, goods, cement, rocks, etc., in and out of the city. The City Councilors and La Signoria decided to build a new bridge. As a result, they decided to call the new bridge (New Bridge} and the original bridge they decided to call it the old bridge (Ponte Vecchio). I know many of the readers have been in Florence and walked on il Ponte Vecchio with all the little artisan shops right on the bridge. They later added two more bridges for a total of four bridges which Dante used to cross with his fiery horse as he went onto the Florentine countryside and to check on his land and crops. Dante's father was not rich but he" was wealthy. As a result, Dante lived the "Life of Riley" from 1265- {Continued on Page 15) Christopher Columbus Central Catholic High School-- 65 th Anniversary This year "2010" is the 65 th anniversary of the founding of Christopher Columbus Central Catholic High School. The first graduating class was June 1949 and the last graduating class was May 1990. The Alumni Committee is sponsoring a commemorative Mass at St. Leonard Church on Prince Street in the North End, Sunday May 23, 2010 at 2:00 P.M., followed by an informal gathering after Mass in St. John's School Hall, Moon Street. We invite all graduating classes of Christopher Columbus and our sister school Julie Billiart to come together. If you have contact with your classmates notify them of this upcoming event. Spouses and guests are welcome. To purchase tickets or for further information, please call 617-293-6173 or by e-mail to: aalauretano@comcast.net Our goal is to get as many Alumni together as possible. Visit our website: www.cchs1957.com. "ilau 00ta.z002a00" Beauty Talk Series at North End Branch Library 25 Parmenter Street, Boston, MA Come and feel rejuvenated with our second-annual "You Look Marvelous" beauty talk series. AROMATHERAPY m Saturday, May 1% 2010 at 12 Noon. Mary will discuss the mind and body benefits of Aromatherapy. Aromatherapy can evoke pleasure with a presence of nostalgia- scents from childhood, adulthood, travel scents of countries and places. BEAUTY CULTURE m Saturday, May 8 *h, 2010 at 12 Noon. Mary will present a series of topics on Beauty Culture. She will bring copies of her newspaper columns on skin care, nail care, etc. Come to one or both. And be sure to bring your experi- ences, opinions and questions. Italian refreshments will be served. Mary DiZazzo-Tnunbull is a third generation cosmetologist and salon owner. She has practiced her profession for more than 30 years. She has written "/I//That Zazz", the beauty Culture Col- umn for the Post-Gazette, for the past seven years, She lives on Beacon Hill with her husband David Trumbull. $ $1200 Per Ounce! 24K III We Buy Diamonds, GoM and Silver Jewelry We Buy GoM and Silver Coins AS FEATURED ON CHANNEL i"iia:00"gff"i !EXTRA BONUS i ! 78 i-286-CASH ! •ooooooooooooooooooooo all Jewelry Box 345 Broadway, Revere Serving The Community For 32 Years sellgoldmass.com Hours lO-5:30 pm every day but Saturday until 3:30 pm