Monroe v. Cooper
Massachusetts Supreme Judicial Court
Appeal by Frederick F. Read from a decree of the Probate Court for the County of Suffolk allowing the will of Elizabeth T. Marshall, late of Boston. While the appeal was pending, Frederick F. Read died and Emma S. Read, appointed executrix of his will by the Surrogate’s Court for the County of New York, in the State of New York, was admitted to prosecute the appeal in his stead.
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Appeal by Frederick F. Read from a decree of the Probate Court for the County of Suffolk allowing the will of Elizabeth T. Marshall, late of Boston. While the appeal was pending, Frederick F. Read died and Emma S. Read, appointed executrix of his will by the Surrogate’s Court for the County of New York, in the State of New York, was admitted to prosecute the appeal in his stead. The appellee moved that the appeal be dismissed on the ground that the appellant had no beneficial interest in the estate of the testatrix and was not aggrieved by the decree appealed from. The motion was heard by…
1Opinion of the CourtRugg, C. J.
The single question presented on this record is, whether one having no other interest than that of a creditor has a right to appeal from a decree of the Probatd' Court allowing the last will and testament of his deceased debtor. The decision must turn on the point whether such creditor is a “person . . . aggrieved” by such a decree. Only persons so aggrieved are given the right to appeal under R. L. c. 162, § 9.
Numerous cases have arisen calling for the definition of the words “person . . . aggrieved” as used in this statute in their application to various states of facts. It is not necessary…
2Cases cited9 opinions
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Hayden v. KeownMassachusetts Supreme Judicial Court · 1919
- Leyland v. LeylandMassachusetts Supreme Judicial Court · 1904
- Nesbit v. CandeMassachusetts Supreme Judicial Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Circle Lounge & Grille, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1949
- Ayer v. Commissioners on Height of BuildingsMassachusetts Supreme Judicial Court · 1922
- Brest v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1930
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- Beard Motors, Inc. v. Toyota Motor Distributors, Inc.Massachusetts Supreme Judicial Court · 1985
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