Phelan v. McCabe

Edward J. McCabe, one of the two administrators of the estate of Charlotte M. Dickinson, has appealed from a decree of the Probate Court for Essex County allowing, with modifications, the account of Shirley A. Phelan, public administratrix of the estate. Mrs. Phelan has also appealed from the decree. There is a report of material facts. The evidence is before us.

1. The public administratrix contends that Mr. McCabe’s appeal must be dismissed because not joined in by Ms coadministrator.

Our decisions leave no doubt of the right of one administrator to appeal where it appears of record that the…