Wilder v. Steeves

On March 25, 1970, an interlocutory decree was entered in the Probate Court appointing a commissioner and ordering partition by sale of land owned, according to the decree, by a father (then under conservatorship) and his daughter as tenants in common. No appeal was taken from that decree. *823Pursuant to the decree a warrant was issued to the commissioner on April 8,1970. The father died on June 8, 1970. This is an appeal by the daughter from the dismissal of her petition to vacate the interlocutory decree and to enjoin the commissioner from selling the land. Her petition alleges (and the…