Massachusetts General Laws

Mass. Gen. Laws ch. 215, § 18 (2026)

Appeals; stenographers; appointment

✓ current as of July 2026
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Section 18. At the trial of any issue of fact in a probate court the presiding judge may appoint a stenographer, who shall be sworn and shall attend the trial, or such part thereof as the judge may direct, and perform like duties and receive the same compensation therefor as a stenographer appointed by the superior court who is not on salary; and the sums so payable for his attendance at court and for any transcript of his notes or part thereof furnished to the judge by his direction shall be paid by the commonwealth upon the certificate of the judge. The judges of probate of any county may appoint a stenographer for the probate court of such county. The compensation and expenses of such stenographer shall be paid by the commonwealth.

Notes of Decisions
Cited in 18 cases, 1924–1982 · leading case: Kunen v. First Agric. Nat'l Bank, 382 N.E.2d 750 (Mass. App. Ct. 1978).
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Kunen v. First Agric. Nat'l Bank, 382 N.E.2d 750 (Mass. App. Ct. 1978). “852 (1974), disclose that at the request of the legatees a stenographer was appointed under G. L. c. 215, § 18 (as in effect prior to St.”
Mailer v. Mailer, 439 N.E.2d 811 (Mass. 1982). “Pursuant to G. L. c. 215, § 18, she had obtained the transcript at public expense for use in preparing her findings of fact and conclusions of law.”
Sodones v. Sodones, 314 N.E.2d 906 (Mass. 1974). “See G. L. c. 215, § 18; Rule 18 of the Probate Court (1959).”
French v. Bray, 160 N.E. 424 (Mass. 1928). “A stenographer was appointed under G. L. c. 215, § 18, to take the evidence, and.”
Bianchi v. Ret. Bd., 270 N.E.2d 792 (Mass. 1971). “As to the remaining facts in issue the judge heard oral testimony and received exhibits, all of which are reported under G. L. c. 215, § 18. At the conclusion of the hearing the judge filed a report of his findings *644 of facts and rulings of law.”
Wilbar v. Diamond, 249 Mass. 568 (Mass. 1924). “Megley and Lillian Grady, or either of them? No evidence was heard and no stenographer was appointed *573 under G. L. c. 215, § 18, to report the statement of counsel for the contestant as to the evidence within his knowledge and control.”
Thayer v. Thayer, 178 N.E. 730 (Mass. 1931). “When the case came on to be heard a stenographer was appointed on the request of the libellant to take the evidence under G. L. c. 215, § 18, as amended, to be reported to this court.”
Atkins v. Atkins, 180 N.E. 613 (Mass. 1932). “The evidence before the judge of probate is reported under G. L. c. 215, § 18, as amended by St. 1923, c.”
Morgan v. Morgan, 166 N.E. 747 (Mass. 1929). “To this method of procedure no objection was made, and a stenographer was then appointed to take evidence under G. L. c. 215, § 18. The case, however, had been partly heard before the arrival of the stenographer, and the record does not show the entire testimony offered on June…”
Brackett v. Harris, 160 N.E. 812 (Mass. 1928). “A stenographer was appointed pursuant to G. L. c. 215, § 18, and counsel for the contestant made a statement or offer of proof of the evidence upon which it was contended that the issues should be granted, to which no counter offer was made by counsel for the proponent.”
Spring v. Curry, 157 N.E. 595 (Mass. 1927). “G. L. c. 215, § 18, or a report of facts found by the judge made upon a request under G.”
Henry Savage Chase Cummings v. Russell, 155 N.E. 641 (Mass. 1927). “After hearing evidence taken by a stenographer appointed under G. L. c. 215, § 18, the judge of probate entered a decree dismissing the petition.”
Hardy v. Finger, 199 N.E.2d 533 (Mass. 1964). “The judge found that, although there were notations on several of the bankbooks and jackets, some bearing the testatrix’s signature, to the effect that the books were to be considered the property of the petitioner, the testatrix in fact had never made a delivery of and had…”
Taylor v. Callahan, 265 Mass. 582 (Mass. 1929). “Callahan at the time of the execution of the said alleged will of sound mind?” At their request the testimony of witnesses who were orally examined before the Probate Court was taken *584 stenographically, pursuant to G. L. c. 215, § 18. The motion was denied and the contestants…”
Psomos v. Titus, 398 N.E.2d 743 (Mass. App. Ct. 1980). “(It does appear, however, that the defendants were aware in February, 1973, that a stenographer had been appointed by the court pursuant to G. L. c. 215, § 18.) Robert S. Wolfe for the defendants.”
Harvey v. Knapp, 170 N.E. 75 (Mass. 1930). “A stenographer was appointed under the provisions of G. L. c. 215, § 18, as amended. The motion was denied by the judge of probate, and the case is before us on an appeal from the denial of the motion.”
Everett v. Monk, 158 N.E. 756 (Mass. 1927). “There is no report of the evidence, G. L. c. 215, § 18, nor any report of the material facts found by the judge of probate.”
Stevens v. Moossa, 318 N.E.2d 840 (Mass. App. Ct. 1974). “883 (1972), was erroneous as no transcript of testimony complying with Rule 19 of the Probate Court (as amended, 1964) was filed until eleven days before she filed her designation. Compare Delzenero v. Berube, ante, 353, 356-357 (1974).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.