156 A. 878 | Vt. | 1931
Lottie L. Fisher died intestate in December, 1908, leaving a husband, Edgar, and several children. At the time of her death, she owned certain real estate which had been occupied by the family as a homestead. Edgar remarried, and thereafter resided on the place referred to until his death in August, 1930. His children and the second wife survived him. No administration was taken out on the estate of Lottie L. until more than twenty years after her decease, when Arthur W. Fisher, a son, was appointed her administrator. Commissioners were appointed, but no debts were allowed. A decree of distribution was made by the probate court from which the second wife, who had been appointed administrator of Edgar's estate, acting as such and in her own behalf, appealed directly to this Court.
The appellant attempts to obtain a review of certain exceptions saved during the hearing in the probate court. But assuming that such questions are available on a direct appeal, they must be presented by a bill of exceptions allowed and signed by the judge of probate, and brought up by and with the appeal. These direct appeals are taken like chancery appeals, G.L. 3451, wherein a bill of exceptions is required to bring trial errors before this Court. Clifford v. West Hartford Creamery Co.,
This leaves nothing to be decided except the validity of the decree. But if, as the appellant contends, the probate court was without jurisdiction to render this or any other decree in the premises, we would dismiss the proceedings; for our jurisdiction depends upon that of the probate court. Hodges' Admr. v. Hodges'Estate,
By G.L. 3177, the probate courts of the State are clothed with original and plenary jurisdiction over the settlement of the estates of deceased persons. Subject to the right of the heirs and beneficiaries to pay the debts and divide the property between themselves, without the intervention of the court,Babbitt v. Bowen,
Decree affirmed. Let the result be certified to the probatecourt.