[DOWNLOAD] "Slater Et Al. v. Munroe Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Slater Et Al. v. Munroe Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
RONAN, Justice. This is an appeal from a decree of the Probate Court for the county of Barnstable adjudging, after a hearing,
that Susan J. Ulm, deceased, was domiciled in Harwich in said county, and denying a motion to dismiss a petition for the probate
of an instrument purporting to be the will of the said decedent. The motion to dismiss challenged the jurisdiction of the
Probate Court on the ground that Mrs. Ulm at the time of her death was domiciled in Chicago. The Probate Court for the county of Barnstable had the power to hear and decide the petition if the decedent was at the time
of her death domiciled in that county. G.L.(Ter.Ed.) c. 215, § 3. President, etc., of Harvard College v. Gore, 5
Pick. 370; Hutchins v. Browne, 253 Mass. 55, 147 N.E. 899; Connolly v. Phipps, 283 Mass. 584, 186 N.E. 646; Kennedy v. Simmons,
308 Mass. 431, 32 N.E.2d 215. The decree denying the motion to dismiss did no more than settle one of the issues presented
by the petition and raised specially by the motion. It did not finally dispose of the petition, which stood in that court
for further proceedings on a motion for jury issues or for a trial upon the merits excepting only the question of domicil.
The decree was interlocutory in nature and was not a final decree. Forbes v. Tuckerman, 115 Mass. 115, 119; Emery v. Emery,
218 Mass. 227, 105 N.E. 879; McCracken's Case, 251 Mass. 347, 146 N.E. 904; Malden Trust Co. v. Brooks, 276 Mass. 464, 177
N.E. 629, 80 A.L.R. 1028; Cummings v. Tolman, 292 Mass. 58, 60, 197 N.E. 476, 101 A.L.R. 1457.