Webber v. Rosenberg

This is a petition in.the Probate Court for partition of real estate at 75 Charles Street, Boston. G. L. (Ter. Ed.) c. 241. The case was heard on documents presented by agreement. A decree was entered providing for partition, and the respondent appealed.

The judge made a report of the material facts found by him. G. L. (Ter. Ed.) c. 215, § 11. The report set forth the exhibits in full. We reach our conclusions unaffected by the findings of the probate judge where they were based exclusively on documentary evidence. Malden Trust Co. v. Brooks, 291 Mass. 273, 279. Pitman v. Pitman, 314 Mass.…