(Download) "Moulton v. Thompson" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Moulton v. Thompson
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
CROSBY, Justice. This is an appeal by the respondent, Macel L. Thompson, from a decree of the Probate Court of Norfolk County, dated November 10, 1934, allowing the first account of George F. Moulton, administrator de bonis non of the estate of Frank W. Mason. The appeal includes, among other matters, a copy of the inventory filed by the petitioner, a copy of the petitioner's first account, schedules A, B and C, a citation, the first and also the supplementary report of an auditor to whom the account was referred, a motion by the petitioner as administrator de bonis non that the report of the auditor be confirmed, and, under date of October 29, 1934, decrees confirming the auditor's original and supplemental reports. There is also the decree entered November 10, 1934, allowing the account with a slight amendment, and the claim of appeal filed by the respondent from the decree. The evidence, if any, submitted in the Probate Court is not reported (see G. L. [Ter. Ed.] c. 215, § 12) and no report of material facts found by the Judge was made by him either voluntarily or at the request of a party as provided in G. L. (Ter. Ed.) c. 215, § 11. The auditor's report which is printed with the appeal is not a part of the record on appeal. An auditor's report on the matter of the allowance of an administrator's account is not a part of the record on appeal unless made so in some proper manner. The parties did not agree that the findings of the auditor should be submitted to the court either as facts or as a part of the record. In this situation the only question open on appeal is the power of the Probate Court to enter the decree upon any evidence which might have been presented at the hearing upon the account. Gallagher v. Phinney, 284, Mass. 255, 257, 258, 187 N.E. 612.