299 Mass. 156 | Mass. | 1937
This is a petition brought in the Probate Court by the special administrator of the estate of Eliza G. Ledder, who died testate on January 29, 1937. The petitioner was duly appointed and qualified as special administrator of her estate and filed a bond; it brings this petition against J. Beatrice Johnston, the respondent, and alleges that she is the only person interested in the matter. These facts are admitted by the answer. The only further allegation in the petition is that the petitioner is in doubt as to the ownership of a specified bank book in a savings bank now in the possession of J. Beatrice Johnston. The prayers of the petition are that ownership of the bank book may be determined and a decree entered as to whom the bank
There is no report of the evidence presented at the hearing in the Probate Court. Therefore it must be presumed that the trial judge acted upon sufficient evidence to support the decree made by him. First Baptist Society in Brookfield v. Dexter, 193 Mass. 187, 189. Jordan v. Ulmer, 237 Mass. 577, 580. The only question presented on this appeal, therefore, is whether the decree could rightly have been entered upon the pleadings. Briggs v. Sanford, 219 Mass. 572, 573. It is an elementary rule in equity that the bill must contain a clear and exact statement of material facts entitling the plaintiff to relief. Drew v. Beard, 107 Mass. 64, 73. Donohue v. White, 247 Mass. 479, 482. Relief in equity is limited by the allegations contained in the bill. Hanscom v. Malden & Melrose Gas Light Co. 220 Mass. 1, 9. Pickard v. Clancy, 225 Mass. 89, 95. Gamwell v. Bigley, 253 Mass. 378, 380, 381, 382. Dubinsky v. Cama,
The allegations in the present petition are very meager. They do not recite that the bank book is in the possession of the petitioner. They do not assert that title to the bank book is in the petitioner or in the estate of Eliza G. Ledder. They do not set forth any duty on the part of the petitioner with respect to the bank book. They simply assert doubt as to the ownership of property in the hands of the respondent. The respondent, however, aided the insufficiency of the petition by asserting a title to the bank book in herself derived by gift by actual delivery from Eliza G. Ledder during her lifetime. In substance and effect this answer joined issue with the petitioner on the theory that the petitioner by its petition was asserting title to be in the estate of Eliza G. Ledder. It thus “raised the issue determined by the decree and aided the bill.” Boudrot v. Cole, 285 Mass. 353, 356, 357, and cases cited. Stratton v. Hernon, 154 Mass. 310, 313. See Vinal v. Richardson, 13 Allen, 521, 525; Slack v. Lyon, 9 Pick. 63, 65.
Decree affirmed.