Gray v. Gray
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court recommitting the report of commissioners to receive and examine claims against the insolvent estate of a deceased person. Holmes, J., affirmed the decree, and an appeal was taken to the full court. Subsequently the appellant waived his appeal, and the appellee filed a motion to the full court that the decree appealed from be affirmed.
1Opinion of the Court
By the Court.
The Pub. Sts. c. 151, § 13, provide that an appeal from a single justice of this court in equity “ shall thereupon be pending before the full court, who shall hear and determine the same.” Appeals from the Probate Court to the Supreme Judicial Court are to be entered on the same docket, and are to have the same rights as to hearing and determination, as cases in equity. Pub. Sts. c. 156, § 11. An appeal from a single justice of this court upon a decree rendered in a probate matter must have the same effect as an appeal from a decree in a suit in equity, and by the force of the…
2Cited by4 opinions
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