O'Neill v. O'Neill
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Plymouth allowing the will of Denis O’Neill, late of Abington.
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Appeal from a decree of the Probate Court for the county of Plymouth allowing the will of Denis O’Neill, late of Abington. After the entry of the appeal in the Supreme Judicial Court the attorneys for the executrix marked the case for trial upon the list for the next jury sitting and filed a motion to dismiss the appeal on the ground that the appellants did not give the executrix notice of the entry of the appeal as required by R. L. c. 162, § 11. The motion was heard by Braley, J. The material evidence is described in the opinion. The single justice refused to rule that as matter of law…
1Opinion of the CourtRugg, C. J.
The Probate Court of Plymouth County entered a decree on December 11,1916, allowing the will of Denis O’Neill, from which his heirs at law claimed an appeal. Written notice of the appeal was filed seasonably in the Registry of Probate, the appeal was duly entered in the Supreme Judicial Court for the county on December 26, 1916, and a statement of objections was filed, all as required by R. L. c. 162, §§ 9 and 10.' There was evidence that the heirs at law announced their intention to appeal at the hearing in the Probate Court. The proponent of the will testified that sometime after January…
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