Phelps v. Mattoon

The plaintiff, by this bill in equity, seeks, in .effect, to recover certain assets to which he alleges he is entitled under the terms of his father’s will. He is the son and only issue of John Wolcott Phelps and Anna B. Phelps, both deceased. The defendant is a sister of his mother. His father died in 1885, and his mother on October 9, 1938. The suit was referred to a master, whose report was confirmed by interlocutory decree, and a final decree was entered dismissing the bill. The evidence is not reported, and it does not appear from the master’s report that his ultimate findings of fact…