Mason v. Lewis
Massachusetts Supreme Judicial Court
Appeal from a decree of the probate court, granting to the appellee, as executor of the will of John Lewis, leave to sell real estate for the payment of debts. The reasons of appeal related to matters of fact only, not appearing on the record. The appeal was set down for hearing before Devens, J., on May 23,1874, when the appellants, not appearing, were defaulted, and the decree of the probate court affirmed.
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Appeal from a decree of the probate court, granting to the appellee, as executor of the will of John Lewis, leave to sell real estate for the payment of debts. The reasons of appeal related to matters of fact only, not appearing on the record. The appeal was set down for hearing before Devens, J., on May 23,1874, when the appellants, not appearing, were defaulted, and the decree of the probate court affirmed. The appellants on May 26 appealed to the full court, and immediately entered their appeal here.
1Opinion of the CourtGray, C. J.
By the Gen. Sts. c. 117, § 14, probate appeals are to have the same rights as to hearing and determination as cases in equity. The Gen. Sts. c. 113, § 8, allow an appeal in equity to be claimed from the final decree of a single justice to the full court at any time within thirty days. But no statute provides that, when once claimed and entered, it shall not be heard by the full court for thirty days. The practice has been, in accordance with the St. of 1864, c. 111, as soon as an appeal is claimed of record, to enter it forthwith in the full court, and to treat it as before the court in ten…
2Cases cited1 opinion
- Smith v. TownsendMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1905
- Jennings v. WyzanskiMassachusetts Supreme Judicial Court · 1905
- Mason v. DalyMassachusetts Supreme Judicial Court · 1875
- Duffy v. HoganMassachusetts Supreme Judicial Court · 1909
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