Young v. Paquette

This is an appeal by the respondent from an order of a judge of the Probate Court denying a motion to frame jury issues. It comes directly to this court under G. L. (Ter. Ed.) c. 215, § 22, without waiting until the case is ripe for a final decree. Fuller v. Sylvia, 240 Mass. 49, 51.

The motion for jury issues was made in proceedings on a petition filed by the petitioner in the Probate Court seeking partition of two parcels of real estate in New Bedford. G. L. (Ter. Ed.) c. 241, §§ 1, 2, 25. The petition alleged that such real estate was owned equally by the petitioner and the respondent as…