Massachusetts General Laws

Mass. Gen. Laws ch. 215, § 22 (2026)

Effect of appeal; interlocutory orders

✓ current as of July 2026

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Section 22. After an appeal has been claimed and filed in the registry of probate, all proceedings in pursuance of the act appealed from shall, except as otherwise expressly provided, be stayed until the determination thereof by the supreme judicial court or appeals court; but if, upon such appeal, such act is affirmed, it shall thereafter be of full force and validity. An appeal from an interlocutory order, judgment or decree, however, shall not suspend proceedings under the same pending the appeal, except as otherwise expressly provided by law.

Notes of Decisions

Cited in 11 cases, 1921–2010 · leading case: Beit v. Prob. & Fam. Court Dep't.

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Beit v. Prob. & Fam. Court Dep't (Mass. 1982). · cites it 2× “Thus, unless the matter is reported by the trial judge, an attorney who has failed to appear at trial may not appeal an order requiring him to pay costs until final judgment has been entered in the underlying action scheduled for trial.”

Borman v. Borman (Mass. 1979). “See also G. L. c. 215, § 22. Whether either order appealed from is properly before us depends on whether, at a minimum, the particular order is "final.”

R.D. v. A.H. (Mass. 2009). “215, § 22, provides in relevant part that “[a]fter an appeal has been claimed and filed in the registry of probate, all proceedings in pursuance of the act appealed from shall, except as otherwise expressly provided, be stayed until *720 the determination thereof by the supreme…”

Fuller v. Sylvia (Mass. 1921). “An appeal from such an interlocutory decree comes directly to this court under G. L. c. 215, § 22, without waiting until the case is ripe for final decree.”

Mancuso v. Mancuso (Mass. App. Ct. 1980). “6 Orders in civil cases which are subject to full appellate review on an interlocutory basis are at present of four types: (1) orders granting or refusing jury issues, G. L. c. 215, § 22, as amended through St.”

Clark v. McNeil (Mass. 1923). “G. L. c. 215, § 22. Thereafter, on hearing of the motion for rehearing, the judge ruled that consideration of that motion be continued until after decision bn the appeal.”

Union Trust Co. v. Magenis (Mass. 1929). “It cannot come here by appeal as of right under G. L. c. 215, § 22, before the termination of further proceedings.”

Commonwealth v. Micheli (Mass. 1927). “By statute (G. L. c. 215, § 22) after an appeal from a decree of the Probate Court has been claimed and filed, all proceedings in pursuance of the act appealed from shall, except as otherwise expressly provided, be stayed until the final determination thereof by the Supreme…”

Ratner v. Hogan (Mass. 1925). “The appeal stayed the decree granting the license, G. L. c. 215, § 22, and all action under it is void unless the decree be affirmed.”

Rooney v. Sletterink (Mass. App. Ct. 1976). · cites it 3× “” G. L. c. 215, § 22. (Contrast § 23 and § 24, appeals from probate decrees in equity and in divorce, separate support, and custody cases.”

Adoption of Tyrik (Mass. 2010). · cites it 2× “In both the father’s original motion before the single justice and in his motion for reconsideration, he argued, among other things, that he was entitled to an automatic stay pursuant to G. L. c. 215, § 22. Thereafter, the father filed a petition in the county court pursuant to…”

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