Swift v. Hiscock

These are two appeals, one from the denial of a petition to withdraw an assent to an executor’s accounts, and one from the allowance, without a hearing, of the executor’s accounts as filed. In the appeal from the denial of the petition, evidence taken at the hearing is reported, and the judge made a report of material facts. Although a report of material facts was requested with respect to the allowance of the accounts, the judge made no findings for the reason that “since there was no other objection to their allowance [if the assent was binding], no testimony was taken regarding the…