Appleton v. O'Donnell
Massachusetts Supreme Judicial Court
Appeal from the decision of commissioners appointed by the Probate Court to receive and examine the claims of creditors of the insolvent estate of Michael T. F. O’Donnell, deceased intestate, disallowing a claim for rent of certain premises in Boston. Trial in the Superior Court, without a jury, before Stevens, J., who allowed the claim ; and the appellee alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a claim against the insolvent estate of a deceased person for rent, taken by appeal from commissioners appointed by the Probate Court to the Superior Court, and now brought here on exceptions. The principal exceptions are to the admission of the sublease to the deceased person, one Michael T. F. O’Donnell, and to a refusal to rule that it was void for uncertainty. The sublease was of “ part of the third story and attic over same ” in an identified building. On October 1,1892, the date of the sublease, O’Donnell already was occupying a part *399of the third story, marked off by a…
2Cited by3 opinions
- Evans v. County of MiddlesexMassachusetts Supreme Judicial Court · 1911
- Manning v. ProutyMassachusetts Supreme Judicial Court · 1927
- Kelley v. RubinMassachusetts Supreme Judicial Court · 1927