(DOWNLOAD) "Spilios Et Al. v. Papps Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Spilios Et Al. v. Papps Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 16, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
LUMMUS, Justice. These are appeals from further decrees of the probate court relative to the settlement of the accounts of the executors of the will of John C. Papps, entered after our decision in Spilios v. Papps, 288 Mass. 23, 192 N.E. 155. The appellants devote much of their brief to what is really a reargument of matters determined by our earlier opinion. It is unnecessary to discuss those matters again. Pingree v. Coffin, 12 Gray, 288, 324. We proceed to the new questions. Our earlier decision assumed, as did all the parties, that Zoi Papps, the widow of John C. Papps, and Constantine Pappaneophytos of Athens, Greece, his father, were entitled to share the estate equally under the will, except for two legacies of $1,000 each which have been paid. After our earlier decision, a guardian ad litem was appointed by the probate court to represent persons unborn or unascertained who might be interested. He contended that Zoi Papps and Constantine Pappaneophytos are only life tenants, that the entire estate is held in a trust continuing beyond their lives, and that certain other persons are or will be the remaindermen. The probate court decided against this contention, and allowed an account based on the theory that the two persons named are the only ones interested. An appeal by the guardian ad litem was dismissed for want of prosecution. He addresses an argument to us, but it cannot be considered. He is not a party to the present appeals, and has not been appointed guardian ad litem in this court. The executors are not concerned with the question, and take no position with respect to it. A guardian ad litem appointed to represent the minor son of the testator, who was not mentioned in the will, made no such contention.