Rice's Petition

Petition, for leave to appeal from a decree of the probate court removing the petitioner fom the office of executor. The petitioner claimed that he was prevented from appealing within the prescribed time, through mistake, accident, and misfortune. In pursuance of a special order, made with consent of the parties, a referee found the facts upon which the appeal, if granted, would be decided, as well as the facts of the alleged mistake, accident, and misfortune.