Clancy v. Pike

The appeal was properly dismissed for two fundamental reasons, either one of which is sufficient to sustain the Court’s order.

1. Since the will of James E. Huntee bequeathed all his property to his wife, the decree ordering payment to her legal representative was the only one which the Judge of Probate could lawfully make. “The personal estate bequeathed by a testator shall be distributed by decree of the judge according to the will.” R. L., c. 360, s. 7.

2. The appellants have no interest in the estate of James E. Huntee which entitles them to claim an appeal. “Any person aggrieved by a…