Caviglia v. Henry

This is a petition brought under G. L. (Ter. Ed.) c. 192, §§ 9, 10,1 praying that a copy of the will, of *247Samuel Goldstein, late of Cannes in France, be filed and recorded. From a decree in favor of the petitioners, A. Virginia Henry, who had previously been appointed administratrix of Goldstein’s estate upon her allegation that he had died intestate, and certain heirs at law appeal.

We are constrained to hold that an unfortunate defect in the proceedings at the very outset requires dismissal of the petition. Sections 9 and 10 provide for the filing and recording in this Commonwealth of copies…