Sylvester v. Newton

This is a petition, described as one for instructions as to the right of the petitioner “with respect to the purchase of the farm lands and appurtenances thereof” devised and bequeathed under the will of Samuel S. Sylvester, late of Hanover. We treat the petition as being what it is in its essence and substance, namely, a petition for a declaratory judgment as to the rights of the petitioner concerning the subject matter .of the petition. E. S. Parks Shellac Co. v. Jones, 265 Mass. 108, 110. Universal Adjustment Corp. v. Midland Bank, Ltd. 281 Mass. 303, 328. Essex Trust Co. v. Averill, ante,…