Cawley v. Greenwood
Massachusetts Supreme Judicial Court
Petition, filed November 24, 1903, under R. L. c. 162, § 13, for leave to enter an appeal from a decree of the Probate Court for the county of Middlesex made on May 19, 1903, allowing a certain instrument as the last will and testament of Lovisa P. Bachelder and appointing the respondent executor thereunder.
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Petition, filed November 24, 1903, under R. L. c. 162, § 13, for leave to enter an appeal from a decree of the Probate Court for the county of Middlesex made on May 19, 1903, allowing a certain instrument as the last will and testament of Lovisa P. Bachelder and appointing the respondent executor thereunder. The case was heard by Braley, J., who at the request of the petitioner appointed a commissioner under Chancery Rule 35 to take the evidence, and made a decree dismissing the petition. The petitioner appealed. The material facts found by the justice are stated in the opinion.
1Opinion of the CourtSheldon, J.
Lovisa P. Bachelder, a widow, died on the seventh day of March, 1903. She had executed a will on February 4,1892, and a codicil thereto on June 23,1899. She left as her sole heir and next of kin a brother, Charles Cawley. The respondent, who was nominated as the executor of her will and codicil, presented them to the Probate Court for the County of Middlesex, of which she had been a resident; proper citation was issued thereon, and was duly served, returnable on March 24, 1903. Personal service of this citation was made on Charles Cawley. He did not appear to oppose the probate of the will…
2Cases cited1 opinion
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