Donnell v. Goss

This is an appeal by Samuel Donnell from a decree of the Probate Court dismissing his appeal from a decree dismissing his petition for the revocation of an earlier decree allowing the will of Susan P. Harrold. The pertinent facts are these: The decree dismissing the petition was filed on December 19, 1928. On the following day the petitioner filed a request for a report of the material facts under G. L. c. 215, § 11. On January 7, 1929, he seasonably claimed an appeal, and on January 8,1929, the judge filed a report of his findings of fact, although these findings were dated December 17,1928.…