Copeland v. Wheelwright
Massachusetts Supreme Judicial Court
Two petitions, filed in the Probate Court for the county of-Suffolk on January 16, 1917, by one of the persons named as' executors and trustees in the will of John W. Wheelwright, late of Boston, to vacate decrees of that Probate Court made on' June 6, 1916, approving a compromise agreement under R. L. c. 148, §§ 15-18, as amended by St. 1903, c. 222, and ordering' that the will of John W. Wheelwright be allowed but to be exe- - outed according to the terms of such…
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Two petitions, filed in the Probate Court for the county of-Suffolk on January 16, 1917, by one of the persons named as' executors and trustees in the will of John W. Wheelwright, late of Boston, to vacate decrees of that Probate Court made on' June 6, 1916, approving a compromise agreement under R. L. c. 148, §§ 15-18, as amended by St. 1903, c. 222, and ordering' that the will of John W. Wheelwright be allowed but to be exe- - outed according to the terms of such compromise agreement. '■ The Probate Court made decrees dismissing the petitions, and' the petitioner appealed. : The cases came…
1Opinion of the CourtRugg, C. J.
These petitions were brought to vacate two decrees of the Probate Court, one authorizing and approving an agreement for compromise of a controversy over the allowance of the will of John W. Wheelwright, and the other allowing his will but directing it to be executed and his estate administered in accordance with the agreement. These petitions were filed after the expiration of the time limited for appeals from the decrees.
The grounds alleged in each petition are that the Probate *135Court had “no legal power or authority to enter the same” and that therefore they are “without validity and effect.”
2Cases cited18 opinions
- United States v. PerkinsSupreme Court of the United States · 1896
- American Land Co. v. ZeissSupreme Court of the United States · 1911
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
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3Cited by13 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Fisher v. FisherNew York Court of Appeals · 1930
- Whiteside v. Merchants National Bank of BostonMassachusetts Supreme Judicial Court · 1933
- Young v. TudorMassachusetts Supreme Judicial Court · 1948
- Budin v. LevyMassachusetts Supreme Judicial Court · 1962
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