Lawless v. Reagan
| Decision Date | 29 June 1880 |
| Citation | 128 Mass. 592 |
| Parties | Mary Lawless v. Ellen L. Reagan |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Appeal by the stepmother of the children of Patrick Reagan deceased, from a decree of the Probate Court, appointing their grandmother their guardian.
The petitioner moved that the appeal be dismissed, because the appellant was not a person aggrieved by the decree appealed from; and it was so ordered. The appellant appealed to the full court.
Order Affirmed.
A Russ, for the appellant.
J. W O'Brien, for the appellee.
OPINION
The father and mother of minor children having died, the Probate Court appointed their grandmother guardian. The stepmother of the children appeals from this appointment; and it is objected that she has no right of appeal.
In probate cases, the right of appeal is given only to such persons as are aggrieved by the order, sentence, decree or denial appealed from. Gen. Sts. c. 117, § 8. The appellant claims to be a party aggrieved within the meaning of the statute, because the guardian of minors, whose parents are both dead, is entitled to their custody and tuition; Gen. Sts. c. 109, § 4; and the children in this case may be unjustly taken from her although she has also filed a petition to be appointed guardian; and because the children, who have lived with and are greatly attached to her, will suffer wrong if now taken away and given to another. These are important considerations as affecting the action of the Probate Court in selecting a proper person for guardian, with reference to the welfare and best interest of the children; but they are not sufficient to give to the appellant a right to demand a revision of that action by this court. The interest which the appellant has in these children, however great, is simply a matter of affection and friendship on her part. There is no legal duty or responsibility imposed upon her for their custody or tuition; she is under no liability for their support; and has no present or prospective interest in their property. In order to give a right of appeal from the judgment of the court, it must appear that the party appealing has some pecuniary interest, or some personal right, which is immediately or remotely affected or concluded by the decree appealed from. Thus the heirs presumptive of an insane person are entitled to appeal from a decree allowing an account of his guardian. Boynton v. Dyer , 18 Pick. 1. Sureties on the bond of a deceased insolvent guardian may appeal from a decree settling the account of such guardian, and fixing the amount due from his estate to that of his ward. Farrar v. Parker, 3 Allen 556. An administrator de bonis non may appeal from a decree allowing the account of the original...
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Donnelly v. Montague
... ... dismissing the appeal. Decrees have been so affirmed ... Custy v. Lowell, 117 Mass. 78 ... Lawless v ... Reagan, 128 Mass. 592. Santom v. Ballard, 133 ... Mass. 464 ... Leyland v. Leyland, 186 Mass. 420 ... Giles v. Kenney, 221 Mass. 262 ... ...
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Donnelly v. Montague
...court may not affirm the decree, instead of dismissing the appeal. Decrees have been so affirmed. Custy v. Lowell, 117 Mass. 78;Lawless v. Reagan, 128 Mass. 592;Santom v. Ballard, 133 Mass. 464;Leyland v. Leyland, 186 Mass. 420, 71 N.e. 794;Giles v. Kenney, 221 Mass. 262, 108 N.E. 940;Unive......
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...interest, or some personal right, which is immediately or remotely affected or concluded by the decree appealed from,’ Lawless v. Reagan, 128 Mass. 592, 593, or ‘some pecuniary interest, some personal right, or some public or official duty resting upon him, affected by the decree.’ Monroe v......
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...adversely affected, or if some public or official duty of his has been restricted or impaired by such order, decree or denial. Lawless v. Reagan, 128 Mass. 592;Monroe v. Cooper, 235 Mass. 33, 126 N.E. 286;Weston v. Fuller, 297 Mass. 545, 9 N.E.2d 538;Bolster v. Attorney General, 306 Mass. 3......