Legal Opinion

Marra v. Bigelow

Massachusetts Supreme Judicial Court

Decided October 19, 1901PublishedCited by 5 opinions

Bill IN equity brought by the trustee under the will of Peter Marra against James H. Bigelow, administrator of the estate of Eliza A. Bigelow, daughter of Peter Marra, and the Hampden Savings Bank, praying for a decree ordering James H. Bigelow, as administrator, to transfer to the plaintiff all his interest in certain money, intrusted to Eliza A. Bigelow by Peter Marra and deposited by her in her own name in the defendant bank, and all his interest in the book representing…

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Bill IN equity brought by the trustee under the will of Peter Marra against James H. Bigelow, administrator of the estate of Eliza A. Bigelow, daughter of Peter Marra, and the Hampden Savings Bank, praying for a decree ordering James H. Bigelow, as administrator, to transfer to the plaintiff all his interest in certain money, intrusted to Eliza A. Bigelow by Peter Marra and deposited by her in her own name in the defendant bank, and all his interest in the book representing the deposit, and ordering the bank to pay the money so deposited to the plaintiff, filed October 22, 1898. In the…

1Opinion of the CourtLathrop, J.

The plaintiff at the argument waived all his exceptions to the master’s report except the first, ninth, tenth, eleventh and twelfth.

The controversy between the parties was whether a certain savings-bank book belonged at the death of Peter Marra to his estate or to his daughter Eliza Ann Marra. On an examination of the report of the master, we are of opinion that it is not open to the objections stated in the first exception, except that the evidence is not reported. But under the order sending the case to the master he was not obliged to report the evidence. Parker v. Nickerson, 137 Mass.…

2Cases cited3 opinions

  1. Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
  2. da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
  3. Bowers v. CutlerMassachusetts Supreme Judicial Court · 1896

3Cited by5 opinions

  1. Smith v. LloydMassachusetts Supreme Judicial Court · 1916
  2. Caines v. SawyerMassachusetts Supreme Judicial Court · 1924
  3. Mahon v. TullyMassachusetts Supreme Judicial Court · 1923
  4. Krull v. ArmanNebraska Supreme Court · 1923
  5. Olson v. ScottUtah Supreme Court · 1922

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