Ricard v. Smith

This case is brought here by appeal from the Court of Probates of Nashoba county.

A preliminary question in relation to the regularity of the appeal is raised.

It appears by the record, that the proceeding in the court below was by the petition of a distributee of an intestate’s estate, seeking to have certain assets inventoried as a part of the estate. The administrators, who were respondents to the petition, filed their original answer under oath; and, after the lapse of several terms of the court, they applied for leave to file an amended answer, not under oath, differing in a material…