Legal Opinion

Fenelon v. Fenelon

Massachusetts Supreme Judicial Court

Decided February 26, 1923PublishedCited by 10 opinions

Petition, filed in the Probate Court for the county of Suffolk on January 18, 1917, under St. 1906, c. 129, for a decree that the respondent had deserted the petitioner, her husband, and that he was living apart from her for justifiable cause. In the Probate Court, by order of George, J., a decree granting the petition was entered on January 8, 1918, and the respondent appealed. In the Supreme Judicial Court the case was referred to a master.

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Petition, filed in the Probate Court for the county of Suffolk on January 18, 1917, under St. 1906, c. 129, for a decree that the respondent had deserted the petitioner, her husband, and that he was living apart from her for justifiable cause. In the Probate Court, by order of George, J., a decree granting the petition was entered on January 8, 1918, and the respondent appealed. In the Supreme Judicial Court the case was referred to a master. Material findings by the master are described in the petition. Exceptions by the respondent to the master’s report were heard by Jenney, J., by whose…

1Opinion of the CourtRugg, C.J.

This is a petition under St. 1906, c. 129, G. L. c. 209, § 36, alleging that the petitioner is living apart from his wife *16for justifiable cause; that she has deserted him and he desires to be relieved “of the disabilities of coverture so far as to be enabled to dispose of his personal and real estate without his wife’s written consent in the same manner and with the same effect as if he were sole; ” and praying for a decree establishing the fact of such desertion and that he is living apart from his wife for justifiable cause. In the Probate Court a decree was entered for the petitioner. On…

2Cases cited7 opinions

  1. Glover v. Waltham Laundry Co.Massachusetts Supreme Judicial Court · 1920
  2. Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
  3. Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
  4. Ford v. FordMassachusetts Supreme Judicial Court · 1887
  5. Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
  2. Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
  3. McGrath v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1935
  4. Claffey v. FenelonMassachusetts Supreme Judicial Court · 1928
  5. Welker v. WelkerMassachusetts Supreme Judicial Court · 1950

5 more not listed; retrieve them via the Exa API.

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