Brown v. Corey
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court allowing the will of Walter Hey wood. Hearing before O. Allen, J., who reported for the consideration of the full court, the following case: Issues were framed for a jury, and a verdict was rendered sustaining the validity of the will. The decree of the Probate Court was affirmed, and the case was remitted to that court for further proceedings.
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Appeal from a decree of the Probate Court allowing the will of Walter Hey wood. Hearing before O. Allen, J., who reported for the consideration of the full court, the following case: Issues were framed for a jury, and a verdict was rendered sustaining the validity of the will. The decree of the Probate Court was affirmed, and the case was remitted to that court for further proceedings. The executor of the will took no part in the trial, but the case was carried on by the other appellee, Lydia R. Heywood, the widow and one of the legatees; and all expenses of counsel and witnesses were…
1Opinion of the CourtMorton, C. J.
The decision of the question presented in this case turns upon the construction of our statutes regulating costs in probate proceedings. The statute provides that, “in cases contested either before a Probate Court or before the Supreme Court of Probate, costs in the discretion of the court may be awarded to either party to be paid by the other, or to either or both parties to be paid out of the estate which is the subject of the controversy, as justice and equity may require.” Pub. Sts. c. 156, § 35.
If this were a new statute, to be construed by itself, there would be ground for the argument…
2Cases cited2 opinions
- Wood v. GoodridgeMassachusetts Supreme Judicial Court · 1850
- City of Covington v. PowellCourt of Appeals of Kentucky · 1859
3Cited by18 opinions
- Bournewood Hospital, Inc. v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1976
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
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