Willard v. Lavender
Massachusetts Supreme Judicial Court
Petition to the Probate Court by Joseph Willard and Charles Steere, counsellors at law, alleging that they were counsel for Lizzie H. Orrok, a minor; that they had rendered professional services in her behalf according to an account annexed to the petition; and praying that Stephen Lavender, the guardian of her estate, might be ordered to pay to them the amount of their account from the estate.
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Petition to the Probate Court by Joseph Willard and Charles Steere, counsellors at law, alleging that they were counsel for Lizzie H. Orrok, a minor; that they had rendered professional services in her behalf according to an account annexed to the petition; and praying that Stephen Lavender, the guardian of her estate, might be ordered to pay to them the amount of their account from the estate. The account annexed recited that the estate was indebted to the petitioners for a balance of two hundred and fifty dollars, for legal services rendered in the Supreme Judicial Court in opposing a…
1Opinion of the CourtMorton, C. J.
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, § 85. After the decision in Brown v. Corey, 134 Mass. 249, this was amended by inserting after the word “ costs ” the words “ and expenses.” St. 1884, c. 131.
The purpose of the amendment was to give the courts of probate power, in…
2Cases cited1 opinion
- Brown v. CoreyMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1945
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
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