Maddalena v. Masso
| Decision Date | 14 January 1927 |
| Docket Number | No. 746.,746. |
| Citation | 135 A. 601 |
| Parties | MADDALENA v. MASSO. |
| Court | Rhode Island Supreme Court |
Case certified from Superior Court, Providence and Bristol Counties.
Bill by Angelo Maddalena against Peter Masso and others. Decree pro confesso was entered against defendants other than defendant named, and cause was certified by the superior court to the Supreme Court for determination. Cause remanded for further proceedings, as improperly certified.
Arthur Cushing and Edward W. Bradford, both of Providence, for complainant.
This is a bill in equity to compel the respondent to specifically perform his agreement with the complainant to purchase two lots of land, numbered 25 and 26, on the Summerdale plat, on record in the city of Providence. The respondent accepted legal service of the subpoena, but he has never entered an appearance or filed any answer or a plea. By order of the superior court, on motion made, notice by publication was given to all persons claiming any title through the complainant's deceased wife. Thereafter, on motion of complainant, the cause was assigned for heading and heard by a justice of the superior court; the only party represented being the complainant.' After presentation of some testimony, the cause was certified to this court for determination by a decree wherein it is stated that the cause was a bill of equity for the construction of a will, which was ready for hearing for final decree. G. L. 1923, c. 339, § 35. Prior to certification a decree pro confesso was entered against the heirs of complainant's wife, but not against respondent.
The bill alleges that complainant and his wife, Angela, owned two parcels of land on Gray street, near Chalkstone avenue, as tenants in common; that on January 3, 1922, said Angela died, and by her will devised to complainant "one-half of the lots situated on Gioston avenue and Grete street, purchased together"; that this description of the land was erroneous, and due to the mistake of an Italian notary, who drew the will; that there is no Gioston avenue or Grete street in the city of Providence, and that complainant's wife owned no other real estate, except that located near Chalkstone avenue, on Gray street; that respondent contracted to purchase the lots, but has refused to perform his contract because of the description of the land in the will. The relief sought is that the court declare the devised land and the platted lots to be one and the same, and that Masso, the...
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Town Of Bristol v. Nolan, 1740.
...the bill in equity is brought solely for the construction of a will or deed, or for instructions to a trustee thereunder. Maddalena v. Masso, 48 R.I. 92, 94, 135 A. 601; Gaboriault v. Gaboriault, 68 R.I. 435, 28 A.2d 744. Under that section, when the cause is ready for hearing for final dec......
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City of Providence v. Powers
...court apparently has interpreted a will. Newport Hospital v. Harvey, 47 R.I. 382, 133 A. 648; Id., 49 R.I. 40, 139 A. 659; Maddalena v. Masso, 48 R.I. 92, 135 A. 601; Garner v. Sisson, 49 R.I. 504, 144 A. 669. But those cases invoked primarily the exercise by that court of its specific and ......
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Billings v. Gladding
...this court under section 35, when ready for hearing for final decree. Newport Hospital v. Harvey, 47 R.I. 382, 133 A. 648; Maddalena v. Masso, 48 R.I. 92, 135 A. 601. They do not seem to bear upon the question of whether adversary parties are necessary to the validity of the proceeding. The......
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Ortman v. Streeter
...certified provides a direct and simple procedure for the construction of a will by a bill in equity for that purpose only. Maddalena v. Masso, 48 R.I. 92, 135 A. 601; Newport Hospital v. Harvey, 47 R.I. 382, 133 A. 648. However, notwithstanding the other abovementioned prayers, a fair readi......