Malden Trust Co. v. Brooks

In accordance with G. L. c. 215, § 13, this case is before this court on the report of a judge of the Probate Court, which followed an interlocutory decree overruling paragraphs 1 and 2 of the respondents’ answer in so far as they constitute pleas to the jurisdiction of the Probate Court.

*466The pertinent facts alleged in the petition are in substance as follows: Carlos E. Ball died testate on January 10, 1909. His widow, Elizabeth W. Ball, was appointed executrix February 16, 1909. She died on April 12, 1924. Edward C. Ball, Frederick H. Page and William- Leavens were appointed trustees under…