Di Benedetto v. Capone

This is a petition for leave to file an appeal from a decree of the Probate Court of the Town of Bristol admitting to probate the will of Antonio Pessolano. Petitioner comes to this court under Gen. Laws 1923, Chap. 347, Sec. 3 (5108). She asserts that by reason of accident, mistake or unforeseen cause she failed to prosecute her appeal within the forty days required by statute.

It appears from the affidavits presented by both sides that petitioner, a resident of Orange, N. J., is a woman seventy-four years of age; one of two surviving sisters of Pessolano. She is a native of Italy and…