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[DOWNLOAD] "Burn v. Mcallister Et Al." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

Burn v. Mcallister Et Al.

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eBook details

  • Title: Burn v. Mcallister Et Al.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 07, 1947
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

LUMMUS, Justice. This is a petition, filed on January 13, 1944, by the administrator with the will annexed de bonis non of the estate of Louis F. Buff, for an interpretation of the same trust instrument that is described in the opinion in the preceding case Mass., 75 N.E.2d 113. The respondents Henry A. Buff, Mary L. McAllister and Buff & Buff Manufacturing Company demurred. The Judge sustained their demurrers, stating: 'The court declines to make a determination of right and states that (1) the petitioner avers no facts entitling him to bring said petition as an interested party (2) no case entitling this petitioner to relief under G.L. c. 215, § 6, is shown by the facts averred.' Consequently the Judge entered a decree dismissing the petition, and the petitioner appealed from the sustaining of the demurrers and the dismissal of the petition. The decision was made upon the pleadings, and consequently no evidence is reported. The petition is brought under G.L.(Ter.Ed.) c. 215, § 6B, inserted by St.1935, c. 247, § 1, which read as follows: 'A suit in equity in a probate court shall not be open to objection on the ground that a mere judgment, order or decree interpreting a written instrument or written instruments is sought thereby, and in such a suit said court may make binding determinations of right interpreting the same, whether any consequential relief is or could be claimed or not. If, in its discretion, a probate court in such case declines to make such a determination, it shall state its reasons therefor in writing.' That section was repealed by St.1945, c. 582, § 3, but by the repealing statute was left in force as to proceedings which, like the present petition, were commenced prior to November 1, 1945.


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