Hubbard v. Hubbard

By the Court.

The appeal was rightly made. Such has been the uniform practice under the statute; and three justices might have been present at the last term, in which case they would have taken cognizance of this appeal, as a supreme court of probate.

The principal question in this case was upon the sanity of the appellee’s testator. The pleadings were as follows: —

“ And now, the Court here having ordered an issue to the country, the said Moses comes and defends, &c., when, &c.. and says that *325the decree aforesaid ought not to be affirmed, because he says that the said Joshua, deceased, at the…