Roy v. Rubin

The sole issue presented in this appeal is whether the judge of the Probate Court abused her discretion in ordering the defendant to pay counsel fees under G. L. c. 215, § 45, in a proceeding brought by an executor for discovery of an asset of the estate pursuant to G. L. c. 215, § 44.

We affirm the order.

We summarize the unusual facts that serve as a backdrop for the issue presented. The plaintiff, a Massachusetts attorney, was appointed the temporary executor of the estate of Frances S. Jackson. After he filed the inventory in that estate in the Probate Court, he heard from the defendant, a…