When one has been prevented from appealing from a decree of the probate court, through mistake, accident, or misfortune, his petition for leave to appeal will be denied, if it appears that the decree of the probate court must be affirmed.
SMITH, J.
The facts reported justify the removal of the executor. We have no occasion to inquire whether the petitioner proves a case, because, if the appeal were allowed, the decree of the probate court would not be reversed.
Petition denied.
ALLEN, J., did not sit.