Opinion
OCTOBER TERM, 1868.
In case of an appeal from the decree of a court of probate, allowing the report of commissioners on an insolvent estate, notice of the appeal must be given to the creditors adversely interested, and notice to the administrator alone is insufficient. The decision in Sheldon, Adm'r, v. the Court of Probate of Johnston, 5 R.I., 436, reaffirmed.
APPEAL by Abby M. and Annie M. Shaw from a decree of the Municipal Court of the city of Providence exercising probate jurisdiction, passed July 28th, 1868, affecting the distribution of the estate of Asa Newell, which had been represented insolvent, and of which the said George S.T. Newell was administrator.
The reason of appeal was, that said decree was erroneous in this, that it ordered the same dividends paid to the creditors of Newell Daniels, a firm of which said Asa Newell had been a member while living, as it ordered paid to the individual creditors of said Asa Newell. No service was made of the reasons of appeal on any person except the administrator of said Asa Newell.
James Tillinghast, for the administrator, moved to dismiss the appeal for want of notice to creditors adversely interested, and referred to the case of Sheldon, Adm'r, v. the Court of Probate of Johnston, 5 R.I. 436.
B.N. Lapham, contra, contended that notice to the administrator was sufficient.
THE COURT, after having held the case for advisement, decided, under the precedent of Sheldon, Adm'r, v. the Court of Probate of Johnston, that the notice was insufficient, and dismissed the appeal, but without costs.
Appeal dismissed.