Cleveland v. Quilty
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court. Hearing before Morton, J., who reported for the determination of the full court the following case: On December 13, 1876, Bridget Quilty was appointed by decree of the Probate Court administratrix of the estate of Mary Ceroid, upon her petition stating that she was next of kin.
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Appeal from a decree of the Probate Court. Hearing before Morton, J., who reported for the determination of the full court the following case: On December 13, 1876, Bridget Quilty was appointed by decree of the Probate Court administratrix of the estate of Mary Ceroid, upon her petition stating that she was next of kin. John Long, claiming to be a creditor of the deceased, appealed from that decree, and at the hearing in this court failed to prove that he was such creditor, whereupon, and upon that ground only, his appeal was dismissed, and the decree affirmed. On February 6, 1878, Ira…
1Opinion of the CourtGray, C. J.
If an appeal from the original decree of the Probate Court, which appointed the present appellant administratrix, had been duly taken by a person entitled to appeal, the appeal would have vacated that decree; and if, upon such an appeal, the decree had been affirmed by this court, the final decree in the cause would have been the decree of this court as the Supreme Court of Probate, transmitted to the court below only to be carried into effect; and it would be doubtful, to say the least, whether it could have been revoked and annulled by the inferior court of probate, unless leave to apply to…
2Cases cited14 opinions
- Southard v. RussellSupreme Court of the United States · 1854
- Durant v. Essex Co.Supreme Court of the United States · 1880
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- United States v. Knight's AdministratorSupreme Court of the United States · 1862
- Stafford v. BryanNew York Court of Chancery · 1830
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3Cited by13 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Carilli v. HerseyMassachusetts Supreme Judicial Court · 1939
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
- Harris v. StarkeyMassachusetts Supreme Judicial Court · 1900
- Bowers v. HammondMassachusetts Supreme Judicial Court · 1885
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