Harris v. Harris
Massachusetts Supreme Judicial Court
Appeal by George S. Harris, junior, and Mary H. Brown, formerly Mary H. Harris, from a decree of the Probate Court settling the account of John F. Harris, surviving executor of the estate of George S. Harris, senior, by treating as personal property belonging to the estate an undivided interest in a factory, and charging the executor for the same to the amount of $1,100. The only reason of appeal which is material was as follows: “ Fourth.
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Appeal by George S. Harris, junior, and Mary H. Brown, formerly Mary H. Harris, from a decree of the Probate Court settling the account of John F. Harris, surviving executor of the estate of George S. Harris, senior, by treating as personal property belonging to the estate an undivided interest in a factory, and charging the executor for the same to the amount of $1,100. The only reason of appeal which is material was as follows: “ Fourth. Because the' judge allowed the executor to settle his accounts by allowing $1,100 only as the value of George S. Harris’s interest in the factory of Joseph…
1Opinion of the CourtKnowlton, J.
The first question in this case is whether, at the hearing in this court, the appellee may attack that part of the decision of the Probate Court which held that the addition to the shoe factory was personal property. It has often been decided that, on the trial of a probate appeal, the appellant is restricted to the matters stated in the reasons of appeal filed in the case, in accordance with the requirements of § 8 of the Pub. Sts. c. 156, which was repealed by the St. of 1888, c. 290, § 1. Boynton v. Dyer, 18 Pick. 1, 4. Murphy v. Walker, 131 Mass. 341, 344. While an appeal of this kind…
2Cases cited3 opinions
- Shearer v. ShearerMassachusetts Supreme Judicial Court · 1867
- Hartwell v. KellyMassachusetts Supreme Judicial Court · 1875
- Murphy v. WalkerMassachusetts Supreme Judicial Court · 1881
3Cited by13 opinions
- Creed v. McAleerMassachusetts Supreme Judicial Court · 1931
- Bartlett v. SlaterMassachusetts Supreme Judicial Court · 1903
- Meeker v. OszustMassachusetts Supreme Judicial Court · 1940
- Harding v. BrownMassachusetts Supreme Judicial Court · 1917
- Naill v. Order of United Commercial Travelers of AmericaSupreme Court of Oklahoma · 1924
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