250 Mass. 177 | Mass. | 1924
The petition, which is in conformity with G. L. c. 201, § 16, alleges, that the respondent by reason of advanced age and mental weakness has become incapacitated
The petitioner, who appealed, contends that the dismissal of the petition was erroneous because no hearing was given. It cannot be said as matter of law that there was no hearing. The wording of the decree plainly indicates that a hearing was had on the question whether the petitioner was a “ friend ” of the respondent as required by the statute. The inquiry as to his personal relations with the respondent was one of fact, and there being no report of the evidence, nor report by the judge of the material facts found by him as provided in G. L, c. 215, § 11, the finding is conclusive. O’Neill v. O’Neill, 231 Mass. 258, Hale v. Blanchard, 242 Mass. 262, Burns v. Hovey, 242 Mass. 363. G. L. c. 215, § 12; c. 214, §§ 24, 25; c. 231, § 125.
Decree affirmed.