Willwerth v. Leonard
Massachusetts Supreme Judicial Court
Two ACTIONS on the Pub. Sts. e. 175, to recover possession of certain premises in Boston. The plaintiff claimed title as lessee of Joseph Willwerth. The case was submitted to the Superior Court, and, after judgment for the plaintiff for possession and costs, to this court, on appeal, on an agreed statement of facts, the material portions of which appear in the opinion.
Read the full summary
Two ACTIONS on the Pub. Sts. e. 175, to recover possession of certain premises in Boston. The plaintiff claimed title as lessee of Joseph Willwerth. The case was submitted to the Superior Court, and, after judgment for the plaintiff for possession and costs, to this court, on appeal, on an agreed statement of facts, the material portions of which appear in the opinion. If the plaintiff was not entitled to judgment, but if at a trial of the causes the plaintiff would be entitled to show certain facts bearing upon the mental condition of Joseph Willwerth, then a new trial was to be ordered.
1Opinion of the CourtMorton, J.
It appears that Joseph Willwerth, then of Boston, was adjudged insane, after due notice, and hearing by the Probate Court of Suffolk County, December 12, 1881, and his wife was appointed his guardian. On May 31, 1888, he petitioned for the removal of his guardian for unsuitableness; and on June 15, 1888, further petitioned that she should be discharged, on the ground that the guardianship was no longer necessary. Both petitions were dismissed by the Probate Court, and he appealed to the Supreme Judicial Court, in which, on May 27, 1890, decrees were entered affirming the decree of the Probate…
2Cases cited3 opinions
- Leggate v. ClarkMassachusetts Supreme Judicial Court · 1873
- Harding v. WeldMassachusetts Supreme Judicial Court · 1880
- White v. PalmerMassachusetts Supreme Judicial Court · 1808
3Cited by15 opinions
- Claffey v. FenelonMassachusetts Supreme Judicial Court · 1928
- Waddy v. GrimesSupreme Court of Virginia · 1930
- Crosbie v. BrewerSupreme Court of Oklahoma · 1916
- Eagle v. PetersonSupreme Court of Arkansas · 1918
- Hruska v. FaheySupreme Court of Iowa · 1941
10 more not listed; retrieve them via the Exa API.