348 Mass. 783 | Mass. | 1965
This bill in equity was brought by a wife, who is living apart from her husband (but not for justifiable cause), against her husband to determine ownership in certain property. The property consists of bank accounts, shares of stock, a parcel of real estate and two automobiles. A master to whom the case was referred filed a report which was confirmed by an interlocutory decree. Thereafter a final decree was entered which awarded one half of the bank accounts and shares of stock to the wife. The basis for the decree was the findings of the master to the effect that the property was jointly owned by husband and wife. The decree was silent as to the real estate and the two automobiles, a 1959 Oldsmobile and a 1937 Chevrolet. The husband appealed. The husband’s attack on the master’s findings