Glass v. Glass

This is a petition by a mother residing in this Commonwealth for the custody of two minor children of herself and the respondent. Since the only questions at issue concern the son, he alone will be hereafter referred to. The case comes here by appeal from the Probate Court, which under St. 1922, c. 532, § 6, has jurisdiction of the subject matter of the petition.

It was submitted on what is termed in the record “Agreed Facts.” Practice in probate courts is according to equity so far as practicable and applicable. Churchill v. Churchill, 239 Mass. 443, 445. In equity, agreed facts commonly are…