Allen v. National Surety Corp.

Massachusetts Supreme Judicial Court

Allen v. National Surety Corp.

66 N.E.2d 122, 319 Mass. 725, 1946 Mass. LEXIS 615

CourtMassachusetts Supreme Judicial Court

DecidedFebruary 9, 1946

StatusPublished

This text of 66 N.E.2d 122 (Allen v. National Surety Corp.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. National Surety Corp., 66 N.E.2d 122, 319 Mass. 725, 1946 Mass. LEXIS 615 (Mass. 1946).

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Opinion

Decree affirmed. This is an appeal from a decree entered in the Probate Court on July 14, 1945, dismissing a petition for revocation of the decree entered in that court on October 27, 1944, appointing the respondent Percy H. Goodsell as administrator of the estate of John R. Allen. The evidence is not reported and there is no report of material facts found by the judge. The appellant’s request therefor, a copy of which is set forth in the record, did not conform to the requirements of the statute. (G. L. [Ter. Ed.] c. 215, § 11.) The Probate Court had jurisdiction of the subject matter of the petition and the decree entered was within its scope. It must, therefore, be presumed that the judge acted upon sufficient evidence. There are no errors of law on the face of the record. Sandeen v. Tibbetts, 284 Mass. 385, 386. See also Hale v. Blanchard, 242 Mass. 262, 264; Marean v. Kershaw, 281 Mass. 332, 333-334.

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Decree affirmed. This is an appeal from a decree entered in the Probate Court on July 14, 1945, dismissing a petition for revocation of the decree entered in that court on October 27, 1944, appointing the respondent Percy H. Goodsell as administrator of the estate of John R. Allen. The evidence is not reported and there is no report of material facts found by the judge. The appellant’s request therefor, a copy of which is set forth in the record, did not conform to the requirements of the statute. (G. L. [Ter. Ed.] c. 215, § 11.) The Probate Court had jurisdiction of the subject matter of the petition and the decree entered was within its scope. It must, therefore, be presumed that the judge acted upon sufficient evidence. There are no errors of law on the face of the record. Sandeen v. Tibbetts, 284 Mass. 385, 386. See also Hale v. Blanchard, 242 Mass. 262, 264; Marean v. Kershaw, 281 Mass. 332, 333-334.

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Bluebook (online)

66 N.E.2d 122, 319 Mass. 725, 1946 Mass. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-national-surety-corp-mass-1946.

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