Slack v. Slack
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, made December 1,1876, allowing $850 to Mary A. Slack, as the widow of Welcome A. Slack, upon her petition, dated October 31, 1876, for an allowance out of the estate of her deceased husband.
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Appeal from a decree of the Probate Court, made December 1,1876, allowing $850 to Mary A. Slack, as the widow of Welcome A. Slack, upon her petition, dated October 31, 1876, for an allowance out of the estate of her deceased husband. The appellant, who was administratrix and an heir at law of Welcome A. Slack, filed the following reasons of appeal: “ 1. That the said Mary A. Slack was never lawfully married to said deceased, and is not his widow. 2. That said Mary A. Slack had deserted the said Welcome A. Slack for about fifteen years previous to his decease, and had lived entirely apart from…
1Opinion of the CourtColt, J.
The evidence upon which the decree of the Chief Justice was based has not been reported. The report states all the facts deemed by him to be material on the question presented. All inferences of fact, and questions of discretion as well as of law, involved in the decree, are open to revision upon this appeal. But the decision of the single judge on questions of fact in a probate appeal, as in a suit in equity, will not be reversed, unless it is clearly shown to be erroneous. Wright v. Wright, 13 Allen, 207. Allen v. Allen, 117 Mass. 27.
The statute gives a discretionary power to the judge of…
2Cases cited1 opinion
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
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