Parker v. Parker
Massachusetts Supreme Judicial Court
Appeal from the decree of the Probate Court dismissing a petition filed by James Parker, Richard T. Parker and James V. Parker, praying for the appointment of a trustee under the St. of 1874, e. 388, § 2. The decree was as follows : “ On the foregoing petition, it appearing that all parties interested have had due notice, and the counsel of both parties concurring in the statement that the question whether the petition can be maintained is one of great nicety and difficulty,…
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Appeal from the decree of the Probate Court dismissing a petition filed by James Parker, Richard T. Parker and James V. Parker, praying for the appointment of a trustee under the St. of 1874, e. 388, § 2. The decree was as follows : “ On the foregoing petition, it appearing that all parties interested have had due notice, and the counsel of both parties concurring in the statement that the question whether the petition can be maintained is one of great nicety and difficulty, and that neither party would abide by the judgment of this court as final: now, without argument, it is decreed that…
1Opinion of the CourtGray, C. J.
The petition before us was presented to the judge of probate under the St. of 1874, c. 388, § 2, which provides that in any proceedings for the assessment of damages sustained by the laying out of highways or the construction of waterworks for a city or town, “ when it shall appear that any interest is unrepresented by reason of any contingency or other cause by which the owner thereof is unknown or cannot then be ascertained, a guardian ad litem may be appointed by the tribunal wherein such proceedings are pending, to represent such interest, or the judge of probate for the county in which…
2Cited by7 opinions
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- Ammidown v. KinseyMassachusetts Supreme Judicial Court · 1887
- Dailey v. DohertyMassachusetts Supreme Judicial Court · 1921
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