Sherburne v. Howland
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Middlesex on March 17, 1917, by the trustee under the will of Jacob Foss, who died in Charlestown when it was a part of the county of Middlesex, for instructions. Richard H. Wiswall was appointed guardian ad litem for Dorothy O. Howland, a minor, and Nathaniel C. Nash, Jr., was appointed guardian ad litem for all persons not ascertained or not in being who might be interested in the estate.
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Bill in equity, filed in the Probate Court for the county of Middlesex on March 17, 1917, by the trustee under the will of Jacob Foss, who died in Charlestown when it was a part of the county of Middlesex, for instructions. Richard H. Wiswall was appointed guardian ad litem for Dorothy O. Howland, a minor, and Nathaniel C. Nash, Jr., was appointed guardian ad litem for all persons not ascertained or not in being who might be interested in the estate. The petition was heard in the Probate Court by Leggat, J., by whose order a decree was entered, the third paragraph of which directed that such…
1Opinion of the CourtRugg, C. J.
This petition for instructions brought by the trustee under the will of Jacob Foss was filed in 1917 and the final decree was entered in 1920. Procedure upon appeal, therefore, was to the Supreme Judicial Court sitting for the county under R. L. c. 162, § 9, and not under St. 1919, c. 274, because the proceeding was begun before the latter act took effect. The case is rightly before us by appeal from the decree of the single justice. Jordan v. Ulmer, 237 Mass. 577.
The testator died in 1866 a resident of this Commonwealth. His will was duly admitted to probate and contained many provisions.…
2Cases cited11 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Kilkus v. ShakmanMassachusetts Supreme Judicial Court · 1926
- Boston Safe Deposit & Trust Co. v. ParkMassachusetts Supreme Judicial Court · 1940
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Gilman v. Congregational Home Missionary SocietyMassachusetts Supreme Judicial Court · 1931
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