Hayes v. Kapur

This case involves appeals from actions taken by a Probate Court in connection with a petition by the executors for leave to sell certain shares of stock owned by the late John A. Mooney, Jr. The nub of the controversy is whether in the circumstances the Probate Court could properly revoke its prior decree allowing a petition to sell the stock.

1. Kapur is neither a beneficiary nor a creditor of the estate. He is the prospective purchaser of the stock. Even if we assume that Kapur has standing to contest the actions of the probate judge (but see Onanian v. Leggat, 2 Mass. App. Ct. 623 [1974]),…