Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-12-28
'RESCRIPTS FROM
The LAW COURT

The law court has handed down q
sescrlpt IN the Penobscot county case
oI Josephine 8. Swan ct ais. appel
!ants from decree OF the Judge Of pro-
pate, sustaining the exceptions and re-
handing the case to the supreme court
or probate for hearing on the matter
of allowance To- tho executrix Of the
commission Of ksper cent. ON the $780,
t]S.oo as complained OF In the appeal
The appellants had alleged in their
appeal and reasons Of appeal that they
were "aggrieved" by the decree of the
judge OF probate allowing the execu-
trix 2 commission Of S per cent on an
amount, which amount was in excess
of the amount on which the commits
sion should have been allowed.
The rescript holds:
That in view Of the allegations in
the appeal proceedings the supreme
court OF probate might have found. if
the matter had been called to its at
tention. that 1t was sufficiently estab-
hshed by the appeal proceedings the
estate was in fact insolvent: or might
nave permitted the appellants to make
proof Of that fact under their appeal
as it was. as was permitted in Dandy
VS.. Dawes. 81 Maine. 80; or might have
allowed tho appellants to amend their
appeal by stating the fact that the es-
tate was insolvent, thus showing their
interest in the decree appealed from
as was done In Smith VS.. Bradstreet
is Pick. 264.
where no objection Is made before
the supreme court of probate, that 1,
ooes not appear affimatively in the
appeal and reasons Of appeal that the
appellants are in fact aggrieved. when
the appellants could have made proof
OF the fact or asked to be allowed To
amend, and where the appeal was dis.
missed IN the supreme court of pro.
pate on the motion Of the appellee
"hicn contained no suggestion that the
appellants had not sufficiently allee.
ed or established their right to appea]
as parties "aggrieved" by the decree
held, that the appellee should not now
be permitted to interpose this ohiec.
.ion 10 the appellants right to be
heara IN the appellate court on the
merits of their appeal.
washington County Reseript
exceptions are overruled, the appea
is denied and the decree below affirm.
ca IN the Washington county case q,
AoWel E. Bailey. in Equity Va. Grow.
er X. Coffin ct ais by rescript hand.
ed down by the law court.
This Is process 20 determine ..,,.
able rights in real estate. In the co,,r,
| below the bill was dismissed a. ~ =,
uelenoants except John c. Ray. A de-
cree was made ordering him to execut.
ana deliver to the plaintiff a quit CLAIM
u tne premises, conditional upon tn,
plalntlf's payment 20 Ray of s12ele
less the plaintiffs costs. Excert,or.
TO and appeal from this decree NOV,
taken by Ray.
The rescript holds:
l.. Ihat Coffin was not a purcha so
without notice BECAUSE Of the ora, TO-.
tlmony in the case.
| Z. That the defendant was not ,
purchaser without notice py virtue q
4. S. chap. u.s.. sec. IS. which declare,
ne .itie Oh purchaser for a valuable
"'ioil ''.......... cannot b
ueleateo py trust, however declared O
implied by law. unless the purchase
f'........!. had notice thereof. wbe,
the instrument, creating or declaring j,
IS recorded in the registry where tn
land lies. that is to be regarded as sro,
notice."
.. That the plaintiffs memorandum
recorded before defendants deed wa
ootained was an instrument creating tb
trust above referred to and it's recor,
Is to be regarded as notice,
4. That the naked trust imposed I'm
on the land by the memorandun, fo,
lowed the land into the hands of Cofti,
b. The contentious Of the defends,
as to form of the agreement, authorjt
OF Getchell to sign the same, occupenc,
or the premises. laches Of plaintiff !,
not paying balance of purchase pric
ana obtaining deed. and staleness o
plalnt1ff's claim were. Questions nre
sented and combated in the realm q
Iact and determined as such bv tn
sitting justice. THE findings of a sin
gle Justice, in equity procedure. mo,
questions of fact necessarily involved
are not to be reversed unon appeal IN
less clearly wrong. and the burden i
upon the appellant to satisfy the corr
that such is the fact. otherwise tn
decree appealed from must be affirmed
Hasgett v. Jones, Ill Maine 34s.