Green v. Hogan
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by the executor of the will of Michael Hogan, for the construction of the will. The record of the Probate Court, transmitted to this court on appeal, consisted only of the petition, the citation, and the notice of appeal.
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Petition to the Probate Court, by the executor of the will of Michael Hogan, for the construction of the will. The record of the Probate Court, transmitted to this court on appeal, consisted only of the petition, the citation, and the notice of appeal. The petition alleged that Michael Hogan died on April 28, 1889, leaving no widow or child surviving him, but as his next of kin, — all of whom were made respondents, — a brother, Daniel Hogan, of Paterson in the State of New Jersey, and nieces, Maria Keefe, Ella Burns, Maggie Ryan< and Terressa Clarrey, all of Westfield in this Commonwealth;…
1Opinion of the CourtField, C. J.
This is a proceeding in equity for the construction of a will. Swasey v. Jaques, 144 Mass. 135. The petition was filed in the Probate Court, and an appeal taken from the decree of that court" to the Supreme Judicial Court, where the case was heard by a single justice, and reported to the full court. The rules established for regulating the practice and conducting the business of probate courts pursuant to the Gen. Sts. c. 117, § 19, now the Pub. Sts. c. 156, § 22, apparently do not cover proceedings in equity. See Baker v. Blood, 128 Mass. 543. We think, however, that until rules are…
2Cases cited5 opinions
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Bates v. BatesMassachusetts Supreme Judicial Court · 1883
- Baker v. BloodMassachusetts Supreme Judicial Court · 1880
- Gates v. WhiteMassachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
- BartlettMassachusetts Supreme Judicial Court · 1895
- Mason v. Bloomington Library Ass'nIllinois Supreme Court · 1908
- Horton v. EarleMassachusetts Supreme Judicial Court · 1894
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1905
- Bartlett v. SlaterMassachusetts Supreme Judicial Court · 1903
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