Southwick v. Probate Court of Middletown

• Decision Date: 14 November 1893
• Parties: SOUTHWICK v. PROBATE COURT OF MIDDLETOWN.
• Court: Rhode Island Supreme Court

28 A. 334

18 R.I. 402

SOUTHWICK

v. PROBATE COURT OF MIDDLETOWN.

Supreme Court of Rhode Island.

Nov. 14, 1893.

(Syllabus by the Court.)

Appeal from probate court.

The probate court of Middletown admitted to probate an instrument purporting to be the will of Alfred W. Southwick, deceased, and Catherine Southwick appeals. Affirmed.

Patrick J. Galvin and Charles Acton Ives, for appellant.

Nathan W. Littlefield and William P. Sheffield, Jr., for appellee.

MATTESON, C. J. This is an appeal from a decree of the probate court of Middletown, admitting to probate an instrument in writing purporting to be the last will and testament of Alfred W. Southwick. The case was tried at the March term, 1893, of the supreme court for the county of Newport. Evidence was adduced of the death of Alfred W. Southwick, and that notice had been given by the appellant of her intention to apply for letters of administration in accordance with the provisions of Pub. Laws, R. I. c. 298, passed April 18, 1882, as follows: "Sec. 1. Section 8 of chapter 184 of the Public Statutes is hereby amended so as to read as follows: 'Section 8. Whenever it shall be proved to the satisfaction of the court of probate of any town that any person domiciled in such town at the time of his departure, has left his home and not been heard from directly or indirectly for the term of seven years, and that a notice of intention to apply for letters of administration or to prove the last will and testament of such person has been published for three months in each issue of some newspaper in the city of Providence, and also in each issue of some newspaper in the county in which he was domiciled, and been posted for three months in three or more public places in said town, and that such other notice as the court may deem best has been given to the relations and heirs, the last will and testament of such person may be proved and letters of administration may be granted on such person's estate as if he were dead. The notices shall contain a brief description of such person, his age, name and such other characteristics as shall identify him, and no distribution of his estate shall be made until three years after the administration has been granted under the provisions of this section.'" The appellant objected to the admission and sufficiency of the notice, so given, as a basis of a proceeding for the probate of the will, and, her objection being overruled, excepted to the ruling. The jury found that the...