Hall v. Thayer
Massachusetts Supreme Judicial Court
Appeal from a decree of the probate court dismissing a petition of Alvin Hall for the appointment of an administrator with the will annexed of the estate of Warren Hunt; submitted to the determination of the full court on these facts agreed: “Warren Hunt, late of Douglas, died June 7, 1867, leaving a last will and testament, which was admitted to probate July 2, 1867, in the probate court for the county of Worcester, and a decree approving and allowing said will was entered,…
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Appeal from a decree of the probate court dismissing a petition of Alvin Hall for the appointment of an administrator with the will annexed of the estate of Warren Hunt; submitted to the determination of the full court on these facts agreed: “Warren Hunt, late of Douglas, died June 7, 1867, leaving a last will and testament, which was admitted to probate July 2, 1867, in the probate court for the county of Worcester, and a decree approving and allowing said will was entered, and letters testamentary were issued thereon to Francis W. Hunt, the executor named therein, who gave a probate bond in…
1Opinion of the CourtChapman, C. J.
The provision of art. 29 of our Declaration of Rights, that “ it is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit,” rests upon a principle so obviously just, and so necessary for the protection of the citizen against injustice, that no argument is necessary to sustain it, but it must be accepted as an elementary trutn. The impartiality which it requires incapacitates one to act as a judge in a matter in which he has any pecu*222niary interest, or in which a near relative or connection is one of the parties. It applies to…
2Cases cited1 opinion
- Davis v. BallMassachusetts Supreme Judicial Court · 1850
3Cited by52 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- McClaughry v. DemingSupreme Court of the United States · 1902
- King v. GraceMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. LongMassachusetts Supreme Judicial Court · 1995
- Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
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