Granger v. Bassett
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate allowing the account of the executors of the will of Nancy Horton. Hearing before Hoar, J., who made a report thereof, the material parts of which are as follows-: “ The appellant at the commencement of the hearing desired he court to appoint some person to take down the evidence produced, but the court was of the opinion that the case did not come within the statute for that purpose.
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Appeal from a decree of the judge of probate allowing the account of the executors of the will of Nancy Horton. Hearing before Hoar, J., who made a report thereof, the material parts of which are as follows-: “ The appellant at the commencement of the hearing desired he court to appoint some person to take down the evidence produced, but the court was of the opinion that the case did not come within the statute for that purpose. “ James Horton died March 4, 1861, leaving a will by which he gave one half of the income of his property, together with the use of his dwelling-house, to his wife,…
1Opinion of the CourtWells, J.
1. The first point relied upon by the appellant in the argument is, that the refusal to appoint some person to take down the evidence produced at the hearing before the single justice was erroneous. The appellant offered no witnesses to be examined orally; but relied upon the inventories and accounts on file in the probate court, the books, papers, statements and explanations called out by the examination of the executors' themselves. This examination is reported by the justice who heard the case. The Gen. Sts. c. 113, § 21, provide for such a *467eport, either “ by the justice before whom the…
2Cases cited1 opinion
- Ela v. EdwardsMassachusetts Supreme Judicial Court · 1867
3Cited by37 opinions
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- Taylor v. DuesterbergIndiana Supreme Court · 1887
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Ring v. JamisonSupreme Court of Missouri · 1877
- Looker v. DavisSupreme Court of Missouri · 1870
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