French v. Brooke

This case comes before us on a report of the judge of probate for Suffolk County under G. L. c. 215, § 13, on the question, whether that court has the power in its discretion to permit the withdrawal of the alleged will of Sarah Scott Binney after a petition for its probate has been filed; the withdrawal being requested in a petition filed by the executor named in the alleged will.

Sarah Scott Binney died in Florence, Italy, April 4, 1919. The instrument in question, purporting to be her last will and testament, was executed in that city “ on or about October 15, 1917.” Hollis French, named…