Mass. Gen. Laws ch. 215, § 45

Costs

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 45. In contested cases before a probate court or before the supreme judicial court on appeal, costs and expenses in the discretion of the court may be awarded to either party, to be paid by the other, or may be awarded to either or both parties to be paid out of the estate which is the subject of the controversy, as justice and equity may require. In any case wherein costs and expenses, or either, may be awarded hereunder to a party, they may be awarded to his counsel or may be apportioned between them. Execution may issue for costs awarded hereunder.

Notes of Decisions

Cited in 58 cases (9 in the last 5 years), 1925–2026 · leading case: In re the Estate of King

Sort: Relevance Newest Treatment

In re the Estate of King (2010) mass · cites it 7× “award of attorney’s fees and costs under G. L. c. 215, § 45, by a judge in the Probate and Family Court is the focus of this appeal.”

Howe v. Tarvezian (2008) massappct · cites it 4× “He challenges (1) the award to each commissioner as excessive; and (2) the award to his attorney, Albert Auburn, as inadequate. Finally, in their appellees’ briefs, the commissioners have requested awards of appellate fees and costs under authority of G.”

Clark v. Clark (1999) massappct · cites it 3× “She claims that costs against an attorney for a party are not allowed under G. L. c. 215, § 45, and that sanctions could not be imposed because the judge failed to follow the prescribed procedures for civil or criminal contempt.”

Strand v. Hubbard (1991) massappct · cites it 3× “231, § 6F, 5 was reversed, although the triumphant parties were invited to reapply for counsel fees under G. L. c. 215, § 45. This third appeal is a sequel to the second.”

Mulloney v. Barnes (1929) mass · cites it 4× “Elizabeth Mulloney, as administrator of said estate, was not a contested case within the meaning of G. L. c. 215, § 45. 5. The court has power under G.”

Wong v. Luu (2015) mass “914, 914-915 (1991), where the Appeals Court approved an award of attorney’s fees against a party who “provoked a needless round of litigation by torpedoing the settlement to which she had previously agreed,” the Appeals Court was acting pursuant to its statutory authority under…”

G.E.B. v. S.R.W. (1996) mass “The child argues that G. L. c. 215, § 45 (1994 ed.), provides authority for the award.”

Gonzalez v. Pierce-Williams (2007) massappct · cites it 2× “Marilyn Gonzalez argues that G. L. c. 215, § 45, provides authority for the award.”

Redstone v. O'Connor (2007) massappct · cites it 2× “The trustees sought attorney’s fees pursuant to G. L. c. 215, § 45. 17 The motion apparently rested on the ground that the action was brought in bad faith, motivated by Edward’s personal animosity toward Michael.”

Strand v. Hubbard (1989) massappct · cites it 3× “231, §§ 6F and 6G, or, alternatively, under G. L. c. 215, § 45. The judge’s order on the motion was framed in the language of G.”

Conley v. Fenelon (1929) mass · cites it 2× “By G. L. c. 215, § 45, it is enacted: “In contested cases before a probate court or before the Supreme Judicial Court *344 on appeal, costs and expenses in the discretion of the court may be awarded to either party, to be paid by the other, or may be awarded to either or both…”

Barboza v. McLeod (2006) mass “Pursuant to G. L. c. 215, § 45, the defendant requested costs and attorney’s fees in connection with this appeal to be paid by the plaintiffs out of the funds of the estate.”

Show all 58 citing cases →

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.