Lawless v. Reagan
Massachusetts Supreme Judicial Court
Appeal by the stepmother of the children of Patrick Reagan, deceased, from a decree of the Probate Court, appointing their grandmother their guardian. The petitioner moved that the appeal be dismissed, because the appellant was not a person aggrieved by the decree appealed from; and it was so ordered. The appellant appealed to the full court.
1Opinion of the CourtColt, J.
The father and mother of minor children having died, the Probate Court appointed their grandmother guardian. The stepmother of the children appeals from this appointment; and it is objected that she has no right of appeal.
In probate cases, the right of appeal is given only to such persons as are aggrieved by the order, sentence, decree or denial appealed from. Gen. Sts. c. 117, § 8. The appellant claims to be a party aggrieved within the meaning of the statute, be cause the guardian of minors, whose parents are both dead, is entitled to their custody and tuition; Gen. Sts. c. 109, § 4; and…
2Cases cited2 opinions
- M'Donald v. MortonMassachusetts Supreme Judicial Court · 1805
- Penniman v. FrenchMassachusetts Supreme Judicial Court · 1806
3Cited by46 opinions
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- Love v. TupmanOhio Supreme Court · 1969
- Carey v. Planning Board of RevereMassachusetts Supreme Judicial Court · 1957
- Monroe v. CooperMassachusetts Supreme Judicial Court · 1920
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