Daley Et Al. v. Daley Et Al‪.‬

COX, Justice. This is a writ of entry in the Land Court brought on July 3, 1939, by the alleged trustee under the will of Jeremiah Daley, by William J. Kearnan, a great-grandson of said Daley, by his guardian but in his own right, and by Hazel M. Daley and Ruth Kearnan who are granddaughters of the said Daley, against the heirs at law and next of kin of Dennis Daley, who was a brother of the said Jeremiah and who died on January 21, 1929, and of his deceased widow, Nellie M. Daley. The decision was adverse to the demandants who appealed from the decision and order of judgment. See Boston v. Lynch, 304 Mass. 272, 274, 23 N.E.2d 466. The case was tried upon an agreed statement of all the facts 'material to the issues * * * may be considered by the court as established. * * * Inferences, deductions and Conclusions of fact may be drawn from the agreed facts * * * and the provision of Gen.Laws, c. 260, secs. 21-31, inclusive, are by reference incorporated in and made a part hereof.' See Frati v. Jannini, 226 Mass. 430, 115 N.E. 746; United States Fidelity & Guaranty Co. v. English Construction Co., 303 Mass. 105, 108-109, 20 N.E.2d 939. It appears from the agreed facts that Jeremiah Daley died in this Commonwealth on February 10, 1898, leaving a will which was duly admitted to probate. The demandant Alice J. Daley was appointed trustee under this will on April 2, 1937. Jeremiah Daley left a widow and four minor children, all of whom are now living. He died seised in fee of an undivided half interest as tenant in common with the said Dennis Daley, in the land which is the subject matter of this controversy.