Case law

Early v. State Board of Retirement

420 Mass. 836 · Massachusetts Supreme Judicial Court · Jul 24, 1995

The judgment of divorce included a qualified domestic relations order (QDRO), pursuant to G. … L. c. 208, § 34. 2 We also stated that “[i]t was clearly within the judge’s discretion to include the present value of the husband’s public pension interest in the marital *838 estate which was subject to the division unless

Commonwealth v. Toomey

350 Mass. 345 · Massachusetts Supreme Judicial Court · Mar 4, 1966

L. c. 268, § 10, of clearly appropriate words to describe the Turnpike Authority, the purpose of the statute supports construing the word “department” to include it. … The Authority does not enjoy sovereign immunity. § 15.

Persky v. Hutner

369 Mass. 7 · Massachusetts Supreme Judicial Court · Oct 31, 1975

To establish the trusts provided for the benefit of my wife . . . under Item seventh above; B. Pay the administration expenses of the Settlor’s estate; C. … However, because his probate estate was very small in comparison to the value of his gross estate, clearly funds held under the trust indenture would have to be used to pay taxes.

Hein-Werner Corp. v. Jackson Industries, Inc.

364 Mass. 523 · Massachusetts Supreme Judicial Court · Jan 28, 1974

Clearly, it is not necessary to show that the parties have actually bought and sold appropriate motor vehicles. … That Jackson had the power to accept orders for such motor vehicles is sufficient to establish the status of Hein-Werner as one who made an offer of c. 93B motor vehicles and to establish that the parties had business dealings

Commonwealth v. Garabedian

399 Mass. 304 · Massachusetts Supreme Judicial Court · Feb 25, 1987

Although he acknowledges that the witnesses were competent to testify in the areas for which they were qualified, the defendant contends that they were not qualified to render opinions as to whether the defendant was intoxicated … Both witnesses were experienced clinical psychiatrists who were clearly qualified to testify concerning the defendant’s condition at the time of the death under the standards announced in Commonwealth v. McHoul, supra.

Sargeant v. Commissioner of Public Welfare

383 Mass. 808 · Massachusetts Supreme Judicial Court · Jun 30, 1981

In waiving its ‘immunity’ under G. … Clearly, the plaintiff is an aggrieved person within the meaning of G. L. c. 118E, 5 22, and G. L. c. 30A, § 14.

Berry v. Dunham

202 Mass. 133 · Massachusetts Supreme Judicial Court · May 21, 1909

Tappan, 127 Mass. 333, 336 , which antedated both instruments, had clearly recognized this right. … The construction to be given then, as to whether there was an absolute gift of income or only a qualified interest not within the control of the beneficiary, well may rest on the law of those decisions as interpreted in the

Latherizer Corp. v. Department of Public Utilities

278 Mass. 454 · Massachusetts Supreme Judicial Court · Mar 15, 1932

The plaintiff arranged for the sale of its securities through a qualified broker. … The meager facts alleged, if proved, would not establish the invalidity of the commission’s action.

In the Matter of Moran

Massachusetts Supreme Judicial Court · Apr 20, 2018

The hearing committee's findings establish, however, that the witness has many years of experience in numerous aspects of probate law, and previously has been qualified and testified as an expert in bar discipline cases. … He charged and collected clearly excessive fees from two clients and, after their deaths, from their estates.

Shawmut Bank, N.A. v. Buckley

422 Mass. 706 · Massachusetts Supreme Judicial Court · May 17, 1996

to fifty per cent of the value of [her] adjusted gross estate as finally determined for federal estate tax purposes . . . but only to the extent that such interests are included in determining my gross taxable estate and qualify … In addition, the construction of a testamentary instrument “clearly turns on questions of State law,” Dana v.

Wing v. Commonwealth

359 Mass. 286 · Massachusetts Supreme Judicial Court · Apr 15, 1971

The witness’s testimony established that he was fully familiar with the property, having “sold qmte a lot of property down in that vicinity,” and that he had seen the bog several times in ten years. “ The modern and more … The admission of such evidence is clearly discretionary with the trial judge. Congregation *292 of the Mission of St. Vincent de Paul v. Commonwealth, 336 Mass. 357, 359 . Brush Hill Dev. Inc. v.

Blood v. Kemp

21 Mass. 169 · Massachusetts Supreme Judicial Court · Oct 20, 1826

We think the question in this case wholly turns upon the construction to be given to the St. 1783, c. 42, which defines and limits the powers of justices of the peace, and establishes their jurisdiction in civil actions. … this rule, to exclude cases which come equally within the words and the spirit, by narrowing the force of terms, upon some supposed intention to limit and qualify them.

Ram v. Town of Charlton

409 Mass. 481 · Massachusetts Supreme Judicial Court · Mar 7, 1991

Before the statutes were enacted, all claims against government entities for injuries caused by defects in public ways were barred by the doctrine of sovereign immunity. … Commonwealth, it established limitations and conditions on that waiver.

Lakin v. Ames

64 Mass. 198 · Massachusetts Supreme Judicial Court · Oct 15, 1852

the organization of the parish, and eight years after the erection of a meeting-house, the second precinct in the town of Groton was incorporated into a separate district by the name of Pepperell, with all the powers and immunities … It indicates very clearly an intention to set apart the small tract thus excepted out of the grant, to some special purpose.

Commonwealth v. Arment

412 Mass. 55 · Massachusetts Supreme Judicial Court · Feb 27, 1992

If the report of the qualified examiners to the court as required under section five indicates that such prisoner is not a sexually dangerous person, the court shall order such prisoner to be reconveyed to the institution … If such report clearly indicates that such prisoner is a sexually dangerous person, the clerk shall thereupon notify the court and the district attorney, and the district attorney shall file a petition for commitment of the

Capen v. Foster

29 Mass. 485 · Massachusetts Supreme Judicial Court · Nov 15, 1832

is of opinion, that in all cases, where the constitution has conferred a political right or privilege, and where the constitution has not particularly designated the manner, in which that right is to be exercised, it is clearly … But for this law, all qualified voters might claim the right of voting viva voce or by proxy.

Commonwealth v. Gilbert

366 Mass. 18 · Massachusetts Supreme Judicial Court · Jul 16, 1974

We believe he was clearly qualified to give testimony on the subject. Wilton M. Krogman, a professor of anatomy with a Ph. D. in physical anthropology, also testified for the Commonwealth. He corroborated Dr. … This finding is clearly in accord with Whiteley v. Warden, Wyo. State Penitentiary, 401 U. S. 560 (1971).

Arlington Housing Authority v. Secretary of Communities & Development

409 Mass. 354 · Massachusetts Supreme Judicial Court · Feb 20, 1991

Regs. § 44.08 states that local housing authorities shall determine in their discretion “whether an applicant that is otherwise eligible and qualified for rental assistance pursuant to these regulations is eligible for one … However, c. 121B, § 44, clearly appears to create preferences without any such limitation.

Newcomb v. Williams

50 Mass. 525 · Massachusetts Supreme Judicial Court · Sep 15, 1845

So we think payment to one named as trustee, but not qualified to act as such, would be no valid payment. … But, in the present case, the trustee could not be qualified without giving bond; being within none of the exemptions in Rev.

Cousineau v. Laramee

388 Mass. 859 · Massachusetts Supreme Judicial Court · Apr 21, 1983

Dearden is clearly applicable to the case at bar. … Indeed, the Legislature has stated clearly in G.