Chaplin

This appeal to the Supreme Court of Probate, from the decree of the Judge of Probate in Androscoggin county, was referred by consent of the parties (the right of exception reserved) by a rule of court.

When the case was before the referee, counsel stipulated a waiver of any question of illegality in the reference.

Objections in writing to the acceptance of the report of the referee were seasonably made. Rules of Courts, 129 Me., 511. The objections were overruled, and the report accepted. Exceptions were filed and allowed.

Primary inquiry is whether the appeal was properly referable.

Although the…