DeBLOIS v. ARSENAULT, 337 Mass. 775 (1958)

153 N.E.2d 121

Supreme Judicial Court of Massachusetts.
October 1, 1958.

Decree affirmed. The probate judge before allowing the account of the appellant, as a temporary guardian, disallowed one item of disbursement as a duplication, reduced another to conform to the fact, and allowed as a fee the sum of $1,400 rather than the sum of $4,839.56 requested in the account. There is no report of the evidence and the report of material facts shows no basis for a claim of error. There is nothing stated to support the contention that the disallowed disbursement items should have been transferred to the item of “miscellaneous

Page 776

expenses.” On the facts stated it was plainly within the judge’s discretion to fix the fee at $1,400.

Austin A. Philbin, for the petitioner.

George K. Shamgochian, for the respondents.