McKay v. Kean
Massachusetts Supreme Judicial Court
Appeals from decrees of the judge of probate refusing to revoke decrees of adoption of the respondents by one Lauchlan McKay, a brother of the petitioner. At the hearing before Morton, J., it appeared that Lauchlan McKay died on April 3, 1895, leaving a will by which all his property was devised to the two adopted children, the respondents, and that he left no parents, no wife, and no child other than these adopted children.
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Appeals from decrees of the judge of probate refusing to revoke decrees of adoption of the respondents by one Lauchlan McKay, a brother of the petitioner. At the hearing before Morton, J., it appeared that Lauchlan McKay died on April 3, 1895, leaving a will by which all his property was devised to the two adopted children, the respondents, and that he left no parents, no wife, and no child other than these adopted children. The cases came up on motions to frame issues for a jury. It was proposed by the counsel for the respondents, and agreed to by both sides, that no evidence in the cases…
1Opinion of the CourtKnowlton, J.
The only question before us in these cases is whether the order of the single justice, denying in his discretion the motion to frame issues for a jury, should be reversed. The cases are appeals from decrees of the Probate Court which relate to former decrees of that court, fixing the status of two persons as respectively a son and a daughter of another by adoption, and they are not suits in which the petitioner has a constitutional right to a trial by jury. Davis v. Davis, 123 Mass. 590. Newell v. Homer, 120 Mass. 277. Ross v. New England Ins. Co. 120 Mass. 113, 117. Powers v. Ray*526mond, 137…
2Cases cited14 opinions
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
- Tucker v. FiskMassachusetts Supreme Judicial Court · 1891
- Sylvester v. HubleyMassachusetts Supreme Judicial Court · 1892
- Davis v. DavisMassachusetts Supreme Judicial Court · 1878
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3Cited by15 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Clark v. McNeilMassachusetts Supreme Judicial Court · 1923
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Greene v. FitzpatrickCourt of Appeals of Kentucky (pre-1976) · 1927
10 more not listed; retrieve them via the Exa API.