Tierney v. Coolidge Et Al‪.‬

DOLAN, Justice. This is a suit in equity in which the plaintiff seeks in substance to establish a constructive trust of the proceeds of certain securities. The case was referred to a master and during the course of the hearings before him the individual defendants (hereinafter referred to as the defendants) filed a plea to the jurisdiction of the Superior Court, and a motion that the suit be suspended 'until such time as the accounts of Helena E. Tierney, former guardian of the plaintiff, shall have been finally adjudicated and settled in the Probate Court * * * and until the period for appeal from such final decree or decrees shall have expired.' On June 29, 1939, the Judge entered an interlocutory decree allowing that motion, and on July 10, 1939, entered an interlocutory decree sustaining the plea to the jurisdiction. The plaintiff appealed from these decrees and the Judge reported the question of the correctness of his 'rulings' for the determination of this court.