Old Colony Trust Co. v. Pepper

This is an appeal from a decree of the Probate Court of Suffolk County ordering that an appeal taken by the appellant from a final decree, entered on a petition for instructions as to the distribution of an estate to be made under a will, be dismissed. The judge filed a full report of material facts. The record as first printed contained no report of the evidence. Subsequently there was filed in this court what is termed “addition to record” which contained a part of the evidence given in the Probate Court. The testimony of one material witness, however, was not reported. It is manifest that…