Ayer v. Messer

The bill did not call for a sworn answer; and the answer, though under oath, is pleading and not evidence.

The parties, as devisees and legatees, have various interests in certain property. If there was fraud or error in the settlement of the testator’s estate, against which the plaintiffs are entitled to relief, the probate court, on their petition, can modify or vacate its decrees, open the settlement, and do justice in appropriate proceedings. No cause is shown for settling the estate, or revising the settlement of it, in this suit.

As life tenant of a part of the property, and "trustee or…