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eBook details

• Title: Culhane v. Foley
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

LUMMUS, Justice. Upon a petition under G.L.(Ter.Ed.) c. 215, § 39, the Probate Court ascertained and determined and amount due the petitioner for professional services, including expenses, as an attorney at law rendered to the respondent as proponent and executor of the will of Kate S. Gallaher, in connection with the administration of her estate, to be the amount of $12,000. Moushegian v. Sheppard, 279 Mass. 49, 180 N.E. 619. The respondent appealed. The Judge made no report of facts. The evidence, however, is reported. The petitioner contends that the failure to include in the reported evidence the printed record on appeal in Foley v. Philbrook, Mass., 15 N.E.2d 452, in which case most of the petitioner's services were performed, and the proponent's brief in that case, both of which were introduced in evidence as exhibits upon the present petition, makes incomplete the record on the present appeal, and precludes a reversal of the decree upon the ground that it was wrong upon all the evidence. Romanausky v. Skutulas, 258 Mass. 190, 194, 154 N.E. 856; Yoffa v. National Shawmut Bank of Boston, 288 Mass. 422, 426, 193 N.E. 22; Paloeian v. Day, Mass., 13 N.E.2d 398. Gleason v. Hastings, Mass., 15 N.E.2d 201; Gorey v. Guarente, Mass., 22 N.E.2d 99. But in the present case duplicates of the omitted exhibits happen to be part of the files of this court on the earlier appeal relating to the same estate, and we may take judicial notice of them. Commonwealth v. DiStasio, Mass., 11 N.E.2d 799. Therefore, the omission is inconsequential.

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