Francis v. Daley
Massachusetts Supreme Judicial Court
Bill in equity, filed on March 4, 1889, on the Pub. Sts. c. 142, § 22, for the confirmation of a sale of real estate to the plaintiff by Stephen W. Hayes, the executor of the will of Patrick Daley. The case was heard by Holmes, J., who reported it for the consideration of the full court, in substance as follows.
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Bill in equity, filed on March 4, 1889, on the Pub. Sts. c. 142, § 22, for the confirmation of a sale of real estate to the plaintiff by Stephen W. Hayes, the executor of the will of Patrick Daley. The case was heard by Holmes, J., who reported it for the consideration of the full court, in substance as follows. Patrick Daley, by his will duly admitted to probate, after the bequest of certain personalty to his two sons, gave the residue of his estate to his wife, the first named defendant, for life or so long as she should remain unmarried, and provided that after his wife’s decease or…
1Opinion of the CourtKnowlton, J.
The plaintiff brings his suit under the Pub. Sts. c. 142, § 22, which reads as follows: “ When an act or proceeding of a person acting as executor, administrator, guardian, or trustee under an appointment or license of a Probate Court is void by reason of an irregularity or of want of jurisdiction or authority in the court making the appointment or granting the license, any person interested in or affected by such act or proceeding may have the matter heard and determined by the Supreme Judicial Court in equity; and that court may confirm or set aside in whole or in part the act or…
2Cases cited1 opinion
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Lazenby v. HendersonMassachusetts Supreme Judicial Court · 1922
- Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
- McKay v. KeanMassachusetts Supreme Judicial Court · 1897
- Daley v. FrancisMassachusetts Supreme Judicial Court · 1891
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