Chapman v. Chapman
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the county of Suffolk on March 27, 1915, alleging that the petitioner was the widow of Hiram T. Chapman, late of Revere, whose estate was in the course of settlement in that court, and praying that she might be allowed a part of the personal estate of the deceased as necessaries for herself and family in addition to the articles allowed her by law as such widow.
Read the full summary
Petition, filed in the Probate Court for the county of Suffolk on March 27, 1915, alleging that the petitioner was the widow of Hiram T. Chapman, late of Revere, whose estate was in the course of settlement in that court, and praying that she might be allowed a part of the personal estate of the deceased as necessaries for herself and family in addition to the articles allowed her by law as such widow. In the Probate Court the case was heard by Grant, J., who made the following decree: “It appearing that she is not the widow of said deceased, for the reason that the divorce procured by said…
1Opinion of the CourtRttgg, C. J.
The officer of court appointed in the case at bar to “hear the parties and their evidence, to find the facts, and report the same to the court,” was termed an auditor. The case is a probate appeal. Under R. L. c. 162, § 15, the procedure in probate appeals is according to equity. Cases may be found where in equity an officer called an auditor has been appointed. See, for example, Quimby v. Cook, 10 Allen, 32. It was said also in Whitwell v. Willard, 1 Met. 216, at page 218: “The term 'auditor/ designates an officer, either at law or in equity, assigned to state the items of debt and credit…
2Cases cited35 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
30 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Rediker v. RedikerCalifornia Supreme Court · 1950
- Goodloe v. HawkCourt of Appeals for the D.C. Circuit · 1940
- Heard v. HeardMassachusetts Supreme Judicial Court · 1948
- Stevens v. StevensNew York Court of Appeals · 1937
- Bergeron v. BergeronMassachusetts Supreme Judicial Court · 1934
38 more not listed; retrieve them via the Exa API.