Whitney v. Whitney

RONAN, Justice. This is an appeal from a decree of the Probate Court for Plymouth County which modified a decree for alimony by increasing the amount to be paid by the respondent for the support of the petitioner and three minor children. The Judge made a report of the material facts and we have a transcript of all the evidence, It is our duty to examine the evidence and to decide the case according to our own judgment. Findings made by the Judge are not to be reversed unless they are plainly wrong. We are not limited to the findings made by him, and we may make such additional findings as are supported by the evidence. The appeal brings before us all questions of law, fact and discretion. Gordon v. O'Brien, 320 Mass. 739, 740, 71 N.E.2d 221; Rubinstein v. Rubinstein, 319 Mass. 568, 569, 66 N.E.2d 793; Heard v. Heard, 323 Mass. 357, 361, 82 N.E.2d 219.