Abdallah v. Boumil

Abdallah’s appeal from a decree after the rescript previously issued in this case (Abdallah v. Boumil, 2 Mass. App. Ct. 829 [1974]) attacks the determination by a Probate Court of (1) costs and expenses and (2) interest — items awarded to his sisters, the other three heirs at law. The judge made a report of material facts; the proceedings are reported.

1. The determination in the decree after rescript of costs and expenses cannot stand. It is clear from the record, including the transcript of the proceedings, and it is conceded in the sisters’ brief that no evidence was introduced in the…