Whitney v. Buck

This is a bill in equity brought by an executrix to determine title to personal property held jointly by the testatrix and her husband and to compel the husband to surrender those assets to his wife’s estate. The case comes here on a reservation and report of the evidence by a probate judge under the provisions of G. L. c. 215, § 13. The judge also made a voluntary report of material facts containing findings which are largely tentative and inconclusive. In these circumstances it is our duty to examine the evidence and to decide the case according to our own judgment on questions of law, fact…