Opinion
Decided January 5, 1932.
BILL IN EQUITY. The plaintiff is the administrator de bonis non of the estate of Minerva McCoy, and the defendant Spring of that of her husband Ernest G. McCoy.
The bill alleges a settlement by the plaintiff in the probate court, showing a balance in his hands for distribution, charges that the husband murdered his wife, and asks instructions as to the right of the defendant Spring, as representative of the husband's estate to share in her estate. The defendant Spring demurred, and thereupon the case was transferred without ruling by Burque, J.
Cobleigh Cobleigh, for the plaintiff.
John R. Spring, pro se.
The bill cannot be maintained. It is the duty of the probate court to make the decree of distribution. P. L., c. 307, s. 6. The superior court cannot interfere with the exercise of that jurisdiction. Rockwell v. Dow, ante, 58 and cases cited. The decree of the probate court will fully protect the plaintiff, and consequently he cannot invoke the direction of the superior court.
Demurrer sustained.