UNITED TOOL & INDUSTRIAL SUPPLY CO. INC. v. TORRISI


359 Mass. 197 (1971)

268 N.E.2d 837

UNITED TOOL AND INDUSTRIAL SUPPLY CO., INC. & another vs. ANTHONY TORRISI & others.

Supreme Judicial Court of Massachusetts, Essex.

April 6, 1971.


Attorney(s) appearing for the Case

Edward F. Cregg for the petitioners.

Fredric S. O'Brien (Maurice Rappaport with him) for the respondents.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.


TAURO, C.J.

The petitioners appeal from a decree after rescript on a petition in equity brought in the Probate Court under the provisions of G.L.c. 215, § 6, as appearing in St. 1963, c. 820, § 1. The sole issue is whether the Probate Court erred in ordering the petitioners to pay the respondents' counsel fees in addition to costs.

If this petition had been brought in the Superior Court our law is well settled that, "[w]hile as an original proposition...

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