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Burlingham v. Ayer

Supreme Judicial Court of Massachusetts
Jan 11, 1966
213 N.E.2d 474 (Mass. 1966)

Opinion

January 11, 1966.

Joseph G. Crane for the petitioner.

Philip R. White ( James E. Kelley, Jr., John N. Worcester, Joseph H. Choate, 3rd, with him) for the respondents.


In their answers and demurrers to this petition in equity for an accounting and for other relief the respondents included a plea of laches. Evidence was introduced on that plea. The probate judge concluded "that the petitioner is barred from maintaining the petition for the reason of laches." The pleadings justify this conclusion. Since the evidence is not reported and there is no report of material facts, no error has been shown in the decree dismissing the petition. Dondis v. Lash, 283 Mass. 353, 354. Davis v. Hill, 329 Mass. 764. See Massa v. Stone, 346 Mass. 67, 72.

Decree affirmed.


Summaries of

Burlingham v. Ayer

Supreme Judicial Court of Massachusetts
Jan 11, 1966
213 N.E.2d 474 (Mass. 1966)
Case details for

Burlingham v. Ayer

Case Details

Full title:HILDA S. BURLINGHAM vs. HAZEN H. AYER, executor, others

Court:Supreme Judicial Court of Massachusetts

Date published: Jan 11, 1966

Citations

213 N.E.2d 474 (Mass. 1966)
350 Mass. 764

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