Frilich v. Altstein

The sole issue presented upon this appeal from a decree of a Probate Court appointing an administrator is whether due notice of a hearing on the allowance of the petition was given to the appellants who claim to be persons interested in the decedent’s estate. No request was made of the judge for a report of material facts nor is there a transcript of the evidence. In these circumstances “all that is open is whether the decree could have been entered on the pleadings.” Bannish v. Bannish, 357 Mass. 279, 281 (1970). Marean v. Kershaw, 281 Mass. 332, 333 (1933). From the sparse record before us,…