237 Mass. 577 | Mass. | 1921
This is an appeal from a decree of the Probate Court whereby was appointed an administrator with the will annexed of the estate not already administered of Edmund M. Wood.' The petition on which the decree was entered is dated May 6, 1920, and the decree on May 13, 1920. The petition alleges that the will of the testator was allowed in 1902, that executors were appointed who resigned, and that thereafter administrators were appointed who have resigned or been removed, all prior to January 1, 1920, when St. 1919, c. 274, now G. L. c. 215, § 9, under which this appeal is before us, went into effect.
Although the question has not been raised, it is our outy to consider and determine whether we have jurisdiction of the appeal under the act. Eaton v. Eaton, 233 Mass. 351, 364. National Fertilizer Co, v. Fall River Five Cents Savings Bank, 196 Mass. 458, 462.
It is provided in § 1 of the act that “A person who is aggrieved by an order, decree or denial of a Probate Court or of a judge of
The result is that this ' appeal comes within the descriptive words of St. 1919, c. 274, now G. L. c. 215, § 9, and we have jurisdiction to consider it.
The papers relating directly to the case are the petition, the decree and the appeal. There is no report of the material facts found by the judge of probate as provided in §§ 3 and 5 of St. 1919, c. 274, now G. L. c. 215, §§11 and 13. It is manifest that
The motion of the appellant to amend his appeal was denied rightly and the appeal therefrom presents no error of law. Hayden v. Keown, 232 Mass. 259.
Numerous papers are printed in the record whose tendency has been argued to be that the estate of the testator has been finally settled. The last one, however, was acted upon by the Probate Court many months before the filing of the present petition. It is plain that their effect is not as matter of law to deprive the Probate Court of jurisdiction to entertain and adjudicate the present petition.
The appellant alleges that he is the holder of certain stocks comprising assets of the estate of the testator and is interested in the estate. It seems apparent that these averments are not sufficient to show that he is “a person aggrieved” by the decree under R.L. c. 162, § 9, (now G.L. c. 215, §9,) and hence is not entitled to appeal. Monroe v. Cooper, 235 Mass. 33, and cases there collected.
In any event the appellant fails on the record to show that he has suffered any harm by the proceedings here assailed.
Decree affirmed.