O'Neill v. O'Neill
Massachusetts Supreme Judicial Court
Petition for leave to enter late an appeal from a decree made on December 11, 1916, by the Probate Court for the county of Plymouth allowing the will of Denis O’Neill. The executrix of the will of Denis O’Neill filed a motion to dismiss the petition for the reason that it was not filed within one year after the passing of the decree complained of.
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Petition for leave to enter late an appeal from a decree made on December 11, 1916, by the Probate Court for the county of Plymouth allowing the will of Denis O’Neill. The executrix of the will of Denis O’Neill filed a motion to dismiss the petition for the reason that it was not filed within one year after the passing of the decree complained of. The matter was heard by De Courcy, J., who made an order denying the petition with a memorandum as follows: “The petition for leave to enter the appear late is denied. It. was not filed within the time allowed by R. L. c. 162, § 14; and, even if the…
1Opinion of the Court
By the Court.
This is a petition for leave to enter late an appeal from a decree of the Probate Court under R. L. c. 162, §§ 13, 14. The probate decree is alleged to have been entered on December 11, 1916. The record does not show when this, petition was filed. See O’Neill v. O’Neill, 229 Mass. 508. No evidence is reported. There is no reason to doubt the correctness of the findings of the single justice that the petition was pot filed within the time allowed by § 14 of the statute, and that the petitioner has not brought himself within the provisions of § 13. These were pure questions of…
2Cases cited1 opinion
- O'Neill v. O'NeillMassachusetts Supreme Judicial Court · 1918
3Cited by2 opinions
- Fairbanks v. BeardMassachusetts Supreme Judicial Court · 1923
- Flaherty v. WhitinMassachusetts Supreme Judicial Court · 1924