Clarke v. Clarke

The wife appeals from decrees of a Probate Court dismissing her petition for separate support and giving custody of their minor children to her husband on a petition for custody brought by him. The case comes here with the judge’s report of material facts and designated portions of the *737transcript of the evidence. Rule 1:02 of the Appeals Court, 1 Mass. App. Ct. 883 (1972). The decision was based on oral testimony and the judge, who saw and heard the witnesses, was in a better position to determine their credibility than we are from a printed record. His judgment must stand unless found to be…