Capen v. Skinner
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 156, § 9, filed September 5, 1882, for leave to enter an appeal from a decree of the Probate Court, admitting to probate certain instruments as the will and codicil thereto of Ebenezer W. Capen.
Read the full summary
Petition, under the Pub. Sts. c. 156, § 9, filed September 5, 1882, for leave to enter an appeal from a decree of the Probate Court, admitting to probate certain instruments as the will and codicil thereto of Ebenezer W. Capen. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows: The will and codicil were admitted to probate on May 17, 1882. From this decree the petitioners claimed an appeal on June 16, 1882. This appeal should have been entered on August 7, 1882. The attorney of the petitioners was employed to attend to the…
1Opinion of the CourtMorton, C. J.
The statute upon which this appeal is founded provides that, “ if a person aggrieved omits to claim or prosecute his appeal, without default on his part, ’the Supreme Court of Probate, if it appears that justice requires a revision of the case, may on the petition of the party aggrieved, and upon such terms as it deems reasonable, allow an appeal to be entered and prosecuted with the same effect as if it had been done seasonably.” Pub. Sts. o. 156, § 9.
The statute was designed to prevent delay in settling estates by prolonging controversies in regard to them. A petitioner is required to…
2Cited by12 opinions
- Bartlett v. SlaterMassachusetts Supreme Judicial Court · 1903
- Goodwin v. PrimeSupreme Judicial Court of Maine · 1898
- City of Fall RiverMassachusetts Supreme Judicial Court · 1963
- Deering Harvester Co. v. JohnsonWisconsin Supreme Court · 1900
- Jerome v. Wayne Circuit JudgeMichigan Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.