Legal Opinion

McCarthy v. Fitzgerald

Massachusetts Supreme Judicial Court

Decided December 2, 1936PublishedCited by 4 opinions

1Opinion of the CourtRugg, C.J.

The plaintiffs, as executrices of the will of Fannie Fitzgerald, seek by this suit in equity to compel the defendant to transfer to them certain securities, alleged to be the property of the estate of the testatrix.

The answer of the defendant is improper in form. It consists simply of general denials of the allegations of the bill, except that two paragraphs as to formal matters were admitted. This is not in conformity to Rule 29 of the Superior Court (1932). Burke v. McLaughlin, 246 Mass. 533, 537-538. No objection appears to have been made to the answer. The case has been fully heard. It…

2Cases cited15 opinions

  1. Glover v. Waltham Laundry Co.Massachusetts Supreme Judicial Court · 1920
  2. Goldenberg v. TaglinoMassachusetts Supreme Judicial Court · 1914
  3. Way v. GreerMassachusetts Supreme Judicial Court · 1907
  4. Knowlton v. KeenanMassachusetts Supreme Judicial Court · 1888
  5. Brooks v. BennettMassachusetts Supreme Judicial Court · 1931

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hanrihan v. HanrihanMassachusetts Supreme Judicial Court · 1961
  2. Maybury Shoe Co. v. IzenstattMassachusetts Supreme Judicial Court · 1946
  3. Monotype Composition Co. v. KiernanMassachusetts Supreme Judicial Court · 1946
  4. Long v. Brockton Taunton Gas Co.Massachusetts Supreme Judicial Court · 1960

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