Fogg v. Arnold

Hart, J.,

(after stating the facts). It is unnecessary to cite authorities upon the rule, so often announced by this court, that a court of equity will not interfere with proceedings in probate courts for the settlement of an estate, except upon allegations of fraud or mistake. It is equally well settled that fraud or mistake cannot be charged without stating the facts and circumstances constituting it. It cannot be pleaded as a conclusion of law.

The answer and motion to transfer the case to the chancery court seeks relief against a judgment of the probate court restating and settling the…