(DOWNLOAD) "Buckingham v. Alden Et Al." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Buckingham v. Alden Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
RONAN, Justice. Theodore Roessle, the brother of Margaret R. Buckingham, an insane person, filed a petition in the Probate Court for Suffolk County, by his conservator, Arthur O. Alden, praying for the removal of Irene A. Hyde as guardian of the said Buckingham. The Judge, after a hearing on October 20, 1941, granted the petition, removed the guardian and appointed Mr. Rowlings temporary guardian. The petitioner at that hearing was represented by Mr. Dolan. Alden was also in attendance. Upon a petition filed by Mr. Dolan for the appointment of Alden as permanent guardian of Mrs. Buckingham, a Judge, other than the one who had heard the previous petition to remove Mrs. Hyde, on December 17, 1942, allowed the petition. The present petition, filed by Mr. Rowlings to revoke the decree of December 17, 1942, was allowed, after an amendment, by the Judge who had heard the petition to remove Mrs. Hyde. These appeals are from the decree revoking the appointment of Alden and from an order denying a motion to dismiss the Rowlings petition. We have a full report of the evidence. The Judge made no report of the material facts, but his decision revoking the decree imports a finding of every fact essential to the entry of such a decree, Klefbeck v. Dous, 302 Mass. 383, 19 N.E.2d 308, and such findings, implied from the entry of the decree, are not to be reversed unless shown to be plainly wrong. Berry v. Kyes, 304 Mass. 56, 22 N.E.2d 622.
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