Swan v. Tapley

Decided October 22, 1913

Massachusetts Supreme Judicial Court · decided 1913-10-22

Petition, filed in the Probate Court on October 23, 1911, under R. L. c. 184, §§ 34-45, for the partition and sale of certain real estate in Springfield to be apportioned and distributed among the heirs at law of Diodate L. Swan, late of Springfield, one of whom was Leila W. Tapley, the wife of George K. Tapley. The Probate Court made a decree confirming a report of commissioners and ordering a partition, a sale and a distribution in accordancet herewith.

Cited by 2 later decisions — most recently February 1920

2 state decisions

Relies on Flynn v. Flynn · Potter v. Wheeler · Fales v. Fales

Good law ✅— No negative treatment on recordhow we know

Decided 1913-10-22

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Sheldon, J.

¶1The appellant had no real interest in the proceedings, and was not a proper party thereto. He was not aggrieved by the decree. Potter v. Wheeler, 13 Mass. 504, 506. His wife’s undivided interest, as one of her father’s heirs, in the property of which partition had been sought was her separate property, and he had no vested interest therein. Harrington v. Harrington, 13 Gray, 513. Fales v. Fales, 148 Mass. 42. Flynn v. Flynn, 171 Mass. 312. The decree dismissing the appeal must be affirmed.

¶2So ordered.