Order: In the matter of: Magoon, Erwin Percy

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                      COMMONWEALTH OF MASSACHUSETTS


FRANKLIN, SS.                                            PROBATE AND FAMILY
                                                        COURT DEPT OF THE
                                                        TRIAL COURT
                                                        DOCKET NO. FR21P0287EA
IN RE:

Estate of ERWIN PERCY MAGOON                     )
                                                         MOTION TO RECONSIDER
                                                         AND VACATE THE ORDER OF
                                                         DECREE AS IT RELATES TO
                                                         THE DETERMINATION OF
                                                         HEIRS AND SUBSEQUENTLY
                                                         DETERMINE THE HEIRS OF
                                                         THE DECEDENT.
                                                 )
NOW COMES the Petitioner Daniel F. Graves who is the successor Personal
Representative of the above captioned estate and moves this court for relief relative to
vacate the determination of heirs and establish the legal heirs of the decedent based upon the
following:

    1    The Original Petitioner was a creditor of the decedent who did not have personal
         knowledge of the decedent’s family and completed a Form MPC 162 representing
         the children of the decedent as : Sean E. Magoon, David Ploskonka, Joan A. Mason
         Magoon and Dawn Holden.

         In reviewing correspondence it appears that the listing of the heirs was made based
         upon a published obituary.

         I was subsequently appointed to address a conflict of interest between the Petitioner
         and the Estate.

         Upon resolving the estate issues, I prepared a final accounting and was in the process
         of filing a Petition for Order of Complete Settlement and sent it to the named heirs at
         that time.


         I was then contacted by Sean E. Magoon who explained that the only biological
         children of the decedent were Sean E. Magoon and Joan A. Mason Magoon. He
         further advised that the other two named individuals in the obituary were never
         adopted or in any other way biological heirs of the decedent.
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    WHEREFORE, your petitioner requests that this Honorable Court allow this vacate its
    determination of heirs and further make a new determination of heirs.

Dated:
                                       3      y-
                                     Daniel F. Graves, Esq
                                     525 Bernardston Road
                                     Greenfield, MA 01301
                                     413-773-8706
                                     BBO# 630032