Setaro v. Pernigotti

Stated generally, the questions presented by this appeal are: (1) whether “the decree of the Court of Probate approving the sale” of the decedent’s real estate, and (2) whether the order accepting the final account of the administratrix, should be affirmed or reversed.

The first may be disposed of by the observation that the action of a Court of Probate in accepting and recording a return of sale is simply a ministerial act; the return cannot be rejected, the court can exercise no discretion, but must receive and record it, though the parties in interest are not thereby concluded from…