Fidelity & Casualty Co. v. Withington
Massachusetts Supreme Judicial Court
Two petitions filed in the Supreme Judicial Court on March 26, 1917, under R. L. c. 162, § 13, to be allowed to enter and prosecute appeals from a decree of the Probate Court for the county of Norfolk dated February 7, 1917, vacating a decree made by that Probate Court on April 6, 1900, which discharged the petitioner as the surety on the bond of William H. Drury of Waltham as trustee under the will of Francis Rupp.
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Two petitions filed in the Supreme Judicial Court on March 26, 1917, under R. L. c. 162, § 13, to be allowed to enter and prosecute appeals from a decree of the Probate Court for the county of Norfolk dated February 7, 1917, vacating a decree made by that Probate Court on April 6, 1900, which discharged the petitioner as the surety on the bond of William H. Drury of Waltham as trustee under the will of Francis Rupp. The petitions were heard by Crosby, J., who upon each of the petitions made a memorandum of decision containing the following statements: "My decision allowing the petition is…
1Opinion of the CourtPierce, J.
These are appeals by the respondent from_ two decrees of a single justice of this court allowing the petitioner to enter late and to prosecute two separate appeals, taken by the petitioner from two separate decrees entered by the judge of the Probate Court for Norfolk County. The only question presented is, whether upon the reported facts substantial reasons require a reversal of the findings of the single justice “that the petitioner intended to claim and enter an appeal from the decree ordered in the Probate Court, and that its failure to do so was without default on its part, and that…
2Cases cited3 opinions
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1908
- Tucker v. FiskMassachusetts Supreme Judicial Court · 1891
- Linehan v. LinehanMassachusetts Supreme Judicial Court · 1916
3Cited by6 opinions
- Kron v. ThelenSupreme Court of Connecticut · 1979
- Guardianship of ReeveWisconsin Supreme Court · 1922
- Forbes v. AllenMassachusetts Supreme Judicial Court · 1922
- Pepper v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1928
- Withington v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1921
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