Davidson v. Powers

— This is an appeal from a final decree of the. Circuit Court re-establishing a lost or destroyed will that had been duly filed for probate, but which had not been recorded as provided by law prior to the loss or destruction thereof. The court re-established the lost will under Section 5072 C. G. L., 3264 R. G. S. Appellant unsuccessfully resisted the petition to re-establish the will in the court below, and having appealed, assigns as error the re-establishment thereof. Appellees take the position here that the proceedings had were proceedings at law and not in equity, and moves to dismiss…