Smith v. Smith

This is a suit in equity brought in the name of Ansel C. Smith and his wife, Sophia J., by their daughter as next friend, against the widow of their deceased son to set aside a conveyance of real estate and transfer of personal property executed by them to her on January 1, 1914. After a hearing in the Superior Court, a finding of facts was made * in which was incorporated some of the evidence and the decree.

This was irregular. The finding of facts, whether made voluntarily or under the requirement of R. L. c. 159, § 23, is a well recognized step in equity practice. Cohen v. Nagle, 190 Mass.…