Corkery v. Philbrook
Cases that cite this one
4 later published cases cite this decision.
- Feener v. NEW ENGLAND TEL. & TELEGRAPH CO. (Mass. App. Ct. 1985)
- Feener v. New England Telephone & Telegraph Co. (Mass. App. Ct. 1985)
- Bradford v. Richards (Mass. App. Ct. 1981)
- Roblin Hope Industries, Inc. v. J. A. Sullivan Corp. (Mass. App. Ct. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. Despite the plaintiffs’ argument to the contrary, this is an action for money damages for failure to perform an agreement entered into by the decedent prior to his death, and as such is an action ex contractu. Accordingly, it is not within the jurisdiction of a Probate Court. See G. L. c. 215, § 3. The action was rightly dismissed. Cf. Lucier v. Williams, 323 Mass. 458, 459 (1948). 2. We do not consider the plaintiffs’ argument that this action was "filed... for the purpose of obtaining security pending final determination of its claim in an action at law pursuant to G. L. Chapter 197, Section 13,” as, for all that appears, this contention is being raised for the first time on appeal. Kelsey v. Panarelli, 5 Mass. App. Ct. 480, 482 (1977), and cases cited.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.