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(DOWNLOAD) "Ballard Et Al. v. Maguire Et Al." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

Ballard Et Al. v. Maguire Et Al.

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eBook details

  • Title: Ballard Et Al. v. Maguire Et Al.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 21, 1944
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

DOLAN, Justice. These are appeals, by the trustees under the will of Marion Seaverns Kelley, from two decrees entered in the Probate Court. The first appeal is from the decree entered on November 12, 1940, on the trustees' first account. The second appeal is from a decree dated April 29, 1941, denying and dismissing a petition of the trustees that the decree entered on their first account be vacated and further hearing had thereon. These appeals were entered in this court on September 2, 1943, and were argued before the court on January 3, 1944. The latter appeal was waived when the case was argued here. The respondent Bliss moved that the appeals be dismissed on the ground that the appellant petitioners are not persons aggrieved within the meaning of G.L.(Ter.Ed.) c. 215, § 9, and hence are not entitled to appeal. See Pattee v. Stetson, 170 Mass. 93, 94, 48 N.E. 1022; Finer v. Steuer, 255 Mass. 611, 617, 152 N.E. 220; Weston v. Fuller, 297 Mass. 545, 548, 9 N.E.2d 538, and cases cited. The only respect in which the accountants contend that they are aggrieved is by the action of the Judge in decreeing that an item of $12,866.21 accounted for by them as 'Accumulated net income * * * turned over to * * * by Executrix' be disallowed and that the said sum be credited to the principal of the trust estate.


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