Grandell v. Short

This is an appeal by the mother of Marcia Short and Deborah Short from a decree of the Probate Court, dated May 15, 1944, denying her petition for modification of a previous decree whereby their custody had been awarded to the respondent, who is their father.

The evidence is reported, but there is no report of material facts. The judge’s decision imports a finding of every *606fact supported by evidence and essential to his conclusion, and such findings, where based on oral testimony, are not to be set aside unless plainly wrong. Berry v. Kyes, 304 Mass. 56, 57-58. Buckingham v. Alden, 315 Mass.…