Callagher v. Sullivan
Decision Date | 02 March 1925 |
Parties | CALLAGHER v. SULLIVAN et al. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Probate Court, Suffolk County; Dolan, Judge.
Petition by James T. Gallagher for revocation of decree appointing trustee over property in which petitioner had vested interest without notice to petitioner, opposed by Grace E. V. Sullivan and another. Decree for petitioner, and defendants appeal. Affirmed.
S. R. Cutler, of Boston, for petitioner.
Frank J. Rogers, of Boston, for respondents.
The fourth clause of the will of Neil Gallagher, which was admitted to probate July 13, 1883, reads as follows:
[1] The trustees named in the will were duly appointed, but Keany having died, Gallagher continued as sole trustee until his death in 1908, when he was succeeded by Margaret J. Manning, the unmarried beneficiary for life, who acted as trustee until her death in 1923 without issue. By decree of the court of probate she adopted in 1908 Mary F. M. Arancio, now Mary F. M. Forsyth, and Grace E. V. Sullivan, children of James T. Gallagher by his first marriage, who after the death of his wife married again, and left at his death a widow and three children by the second marriage. The petitioner James T. Gallagher is a son of James T. Gallagher by the second marriage, and a grandson of the testator. The will of James T. Gallagher, which is pending for probate, after making provision for his wife,...
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