Crocker v. Crocker
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court for the county of Suffolk, “ in equity,” on March 29, 1907, for leave to file a bill of review to review a decree of that court made on September 7, 1904, after the trial of issues, framed on an appeal by the respondents herein for a decree of the Probate Court admitting the will of Uriel H. Crocker to probate, and a verdict of a jury that the will was procured to be made through fraud or undue influence of the petitioner.
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Petition, filed in the Supreme Judicial Court for the county of Suffolk, “ in equity,” on March 29, 1907, for leave to file a bill of review to review a decree of that court made on September 7, 1904, after the trial of issues, framed on an appeal by the respondents herein for a decree of the Probate Court admitting the will of Uriel H. Crocker to probate, and a verdict of a jury that the will was procured to be made through fraud or undue influence of the petitioner. The decree sought to be revised ordered that the decree of the Probate Court which was appealed from “ be reversed, the said…
1Opinion of the CourtKnowlton, C. J.
This is a petition for leave to file a bill of review to set aside a decree of the Supreme Judicial Court sitting in its appellate character as the Supreme Court of Probate. The petition is addressed to the Supreme Judicial Court in equity. This form is not strictly accurate, for a court of equity has no jurisdiction to deal with statutory proceedings which are prescribed for the Probate Court. Wolcott v. Wolcott, 140 Mass. 194. Waters v. Stickney, 12 Allen, 1. But the practice of the Supreme Judicial Court, in probate appeals follows the practice in equity so far as it is applicable. R. L.…
2Cases cited5 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Harris v. StarkeyMassachusetts Supreme Judicial Court · 1900
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1905
- Wolcott v. WolcottMassachusetts Supreme Judicial Court · 1885
3Cited by30 opinions
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Goss v. DonnellMassachusetts Supreme Judicial Court · 1928
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