In Re Estate of Stafford

The appeal to this court was filed in pursuance of our Rule XXIY which provides:

“Where an appeal has been taken to the Court of Appeals on questions of law and fact and the Court of Appeals enters an order holding that that court does not have appellate jurisdiction to hear the case on questions of fact (i. e., as a chancery case) the Supreme Court will entertain an appeal to review such order, leaving the case otherwise pending in the Court of Appeals.”

Assuming that this appeal is properly before this court (which a minority of the judges question) the sole question to be decided in this…