
    Edwin A. Rockwell vs. Anna F. Holden.
    PROVIDENCE
    OCTOBER 29, 1900.
    Present : Stiness, C. J., Tillinghast and Douglas, JJ.
    (1) Probate Law and Practice. Petition for Trial. Accident and Mistake.
    
    Gen. Laws R. I. cap. 2S1, § 3, extends only to cases decided by a Probate Court in which some attempt at least has been made to take an appeal, and does not include a case in which no appeal has been taken.
    Petition for a trial. The petition set forth substantially the facts given in the statement of facts in the preceding case of Bockwell v. Holden, 22 B. I. 243, and contained in additioil averments showing the causes- operating to prevent the petitioner from appealing from the order of the Probate Court: The petition prayed for a trial in the Probate Court of Warwick, or for leave to file a bond and prosecute his appeal from the order of the Probate Court.
    Heard on petition, and petition dismissed.
    The statute cited is printed in a note to Cronshaw v. Cronshaiü, 21 B. I. 54.
    
      P. J. McCarthy and George B. Barrows, for petitioner.
    
      Cooke & Angelí, for respondent.
   Per Curiam.

The court is of opinion that the petition must be denied. In Cronshaw v. Cronshaw, 21 R. I. 54, it is held that the statute, Gen. Laws, cap. 251-, § 3, in the part relating to cases in Probate Courts applies only to those cases in which some attempt, at least, has been made to take an appeal.  