Spaulding v. McConnell

These two appeals from decrees of the Probate Court present identical questions as to the construction of a portion of G. L. (Ter. Ed.) c. 197, § 9. Although no briefs were filed in the first case, the executor in the second case has presented his argument, and we think that both appeals should be disposed of upon their merits.

Except for the fact that the bond of the executrix in the first case was approved on July 5, 1938, and that of the executor in the second case on June 7, 1938, the facts are identical.

Way Spaulding and Virginia C. Spaulding, on May 25, 1939, petitioned the Probate Court…