Simmons, In re Estate of Hooper

This case arises out of an appeal from the decision of the Judge of Probate of Hancock County allowing the will with codicils of Phoebe J. Hooper, late of Bucksport. The Supreme Court of Probate, without an advising jury, heard the appeal, “disallowed and dismissed” it, “approved and reaffirmed” the decree of the Judge of Probate, and so decreed, whereupon the appellant filed a motion for a new trial and exceptions.

MOTION. The case is not properly before us on motion. We find no decision of this Court holding that in the absence of a jury’s verdict a decree of the Supreme Court of Probate may…