Duffy v. Hogan
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 9, 1905, and amended on October 6, 1906, by Bridget Duffy, alleging that she was a legatee under the will of Michael Hogan, late of Pittsfield, that said will was allowed in the Probate Court for the county of Berkshire on January 26,1901, and that by it the plaintiff was given a legacy of $500, which she never had received; that an appeal was taken from decrees of the Probate Court allowing the will, and that, during…
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Bill in equity, filed in the Superior Court on November 9, 1905, and amended on October 6, 1906, by Bridget Duffy, alleging that she was a legatee under the will of Michael Hogan, late of Pittsfield, that said will was allowed in the Probate Court for the county of Berkshire on January 26,1901, and that by it the plaintiff was given a legacy of $500, which she never had received; that an appeal was taken from decrees of the Probate Court allowing the will, and that, during the pendency of the appeal in the Supreme Judicial Court, a settlement was reached and an agreement in writing was…
1Opinion of the CourtLoring, J.
This suit is before us on appeals taken by the defendant James D. Hogan (1) from an order refusing to consider exceptions to certain rulings and findings of the master, (2) from an order denying a motion to recommit the master’s report, and (3) from the final decree.
I. No objections were filed to the master’s report within five days, as required by the Equity Rule 31 of the Superior Court. The first appeal is not well taken. Quimby v. Tapley, 202 Mass. 601. Hillier v. Farrell, 185 Mass. 434.
2. By the terms of the rule to him, the master was required to report “ any evidence which either of…
2Cases cited10 opinions
- Blount v. WheelerMassachusetts Supreme Judicial Court · 1908
- Montgomery v. PickeringMassachusetts Supreme Judicial Court · 1874
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1908
- Lakin v. LawrenceMassachusetts Supreme Judicial Court · 1907
- Henderson v. FosterMassachusetts Supreme Judicial Court · 1903
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3Cited by5 opinions
- Nelson v. BaileyMassachusetts Supreme Judicial Court · 1939
- Smith v. LloydMassachusetts Supreme Judicial Court · 1916
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1941
- Manganiello v. CaggianoMassachusetts Supreme Judicial Court · 1959
- Greene v. GreeneMassachusetts Supreme Judicial Court · 1910