Sloan's Appeal from Probate

1 Root 151

Opinion

Appeal from a judgment of the Court of Probate, making distribution of Daniel Mansfield’s estate. Judgment of the Court of Probate disaffirmed, and no cost allowed; upon the ground that an appeal from prohate is in nature of a writ of error; and it would in ordinary cases, be unreasonable the party should pay cost for the error of the judge — hut when it appears that the mistake is caused by the fraud or negligence of the adverse party, it would be reasonable to allow cost.