2 Mass. App. Ct. 886 | Mass. App. Ct. | 1974
Following the entry of three decrees in a Probate Court relating to the first and final account of the respondent as executor under the will of James E. McBride, one in 1957 allowing the account, another in 1972 dismissing a petition to revoke the 1957 decree and for affirmative relief against the respondent, and a third in 1973 dismissing the petitioner’s appeal from the 1972 decree — the petitioner filed a petition in the Supreme Judicial Court for Suffolk County to revoke the 1973 decree. There, a single justice reserved and reported the cause to that court without decision. G. L. c. 211, § 6. The cause was then transferred to this court under the provisions of G. L. c. 211A, § 12. The questions thus presented are (1) whether the 1973 decree should be revised and (2) the proper disposition of the petitioner’s appeal from the 1972 decree. The 1973
So ordered.