Mass. Gen. Laws ch. 215, § 9

Persons entitled to appeal

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Section 9. A person aggrieved by an order, judgment, decree or denial of a probate court made after this chapter takes effect, may, within thirty days after the entry thereof, appeal therefrom to the appeals court or, subject to the provisions of section ten of chapter two hundred and eleven A, to the full court of the supreme judicial court. Said courts shall have like powers and authority with respect thereto as upon an appeal in any civil action.

Notes of Decisions

Cited in 71 cases (7 in the last 5 years), 1921–2025 · leading case: Beit v. PROBATE & FAMILY COURT DEPARTMENT

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Beit v. PROBATE & FAMILY COURT DEPARTMENT (1982) mass · cites it 2× “Under G. L. c. 215, § 9, as appearing in St. 1975, c.”

Mahoney v. Mahoney (1977) massappct · cites it 4× “He also filed in the Probate Court a motion for a stay of the order, but there is nothing in the record to indicate that that motion was ever pressed to a hearing or decision; nor does the record indicate that the plaintiff ever sought a stay in an appellate court under G.L.c.…”

Heacock v. Heacock (1988) mass “See G. L. c. 215, §§ 9, 24 (1986 ed.). Cf. Mass.”

Borman v. Borman (1979) mass “Under G. L. c. 215, § 9, a party may claim an appeal from decisions of the Probate Court.”

Mancuso v. Mancuso (1980) massappct · cites it 2× “See G. L. c. 215, § 9, as in effect prior to St.”

Senior Housing Properties Trust v. HealthSouth Corp. (2006) mass · cites it 2× “In that case, the plaintiff filed a notice of appeal more than thirty, but less than sixty, days after entry of judgment in the Probate and Family Court, and the question was which appeal period was applicable: the thirty-day period found in G. L. c. 215, § 9, or the sixty-day…”

Boston Seaman's Friend Society, Inc. v. Attorney General (1980) mass · cites it 2× “A panel of the Appeals Court determined “that the question whether the appeal period applicable to the present case is the thirty-day period found in G. L. c. 215, § 9 (as appearing in St. 1975, c.”

Feakes v. Bozyczko (1977) mass “G. L. c. 215, § 9; Mass. R. A. P. 4, 365 Mass.”

Anthony v. Anthony (1985) massappct “In terms of Jane’s objectives the argument may prove too much because if the document marked “temporary order” is not a final judgment, it may not be the springboard for an appeal, and Jane’s appeal must be dismissed.”

Blankenburg v. Commonwealth (1927) mass “The only ground upon which jurisdiction by writ *378 of error can be taken of this contempt proceeding is that it is a criminal contempt and in the nature of a proceeding at common law. That has already been pointed out at length.”

Drew v. Drew (1924) mass “Report was made by the judge under the procedure outlined in G. L. c. 215, §§ 9, 11, 12. In general that accords with equity practice.”

Madden v. Madden (1932) mass · cites it 2× “appearing for the department of mental diseases,” cannot be maintained, since the appellant is not a “person aggrieved” by the decree within the meaning of G. L. c. 215, § 9. The right sought to be protected by this appeal is the right conferred upon the Commonwealth by G.”

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