Mongeau v. McKay

This is an appeal from a decree of a probate court which disallowed an item in an executor’s account.

Witnesses were heard. The judge filed a statement of the facts found by him. The evidence is not reported. Upon such a record the findings of fact must be accepted unless self-contradictory, Wickwire Spencer Steel Corp. v. United Spring Co. 247 Mass. 565, 569, and the only question presented is whether the decree can lawfully enter upon the pleadings and findings. Gordon v. Borans, 222 Mass. 166. Sugden v. Marion Street Garage Co. 229 Mass. 130, 132. Fitzgerald v. Fitzgerald, 244 Mass. 61, 63.…