Holmes, Trustee v. Hrobon

This is an appeal on questions of law and fact from a judgment of the Probate Court of Franklin County. The matter is presented to this court on the motions of the trustee and legatees to confirm the report of the referee appointed by this court, and on the motion of the life tenant to vacate and set aside the report of the referee and grant a new trial. The principal ground of the motion of the life tenant is that the report is not sustained by sufficient evidence and is contrary to law.

Part I

This action for a declaratory judgment was instituted October 3, 1946, by Harry B. Holmes, trustee…