
    Ebenezer Pope versus Josiah Pope, Executor.
    
      Oct 9th.
    
    The Court have no authority to grant a new trial or review of an issue arising, on an appeal from a decree of a judge of probate, after a judgment has been entered upon the appeal:
    This was a petition for a new trial of two issues joined in the Supreme Court of Probate and tried at April term 1826, before Putnam J., one upon the sanity of a testator, the other upon fraud in procuring the will to be made. The will was found by the jury to have been duly executed. The decree of the judge of probate was affirmed, and administration was granted to the executor before the petition for a new trial was filed.
    
      Hoar and Kendall
    
    suggested that the Court were not authorized to grant a new trial or review in a probate case, after a judgment has been entered. * Borden v. Bowen, 7 Mass. R. 93; St. 1791, c. 17, § 2.
    
      J. Davis and Goodwin, contra,
    
    relied on St. 1788, c. 11, § 1, as giving an authority to grant a new trial commensurate with the trial by jury. See also 3 Bl. Comm. 388. The case of Borden v. Bowen was probably decided under St. 1786, c. 65.
    
      
       See St. 1817, c. 63, § 2
    
   Per Curiam.

The reasons may he as strong for giving the Court power to grant a review or new trial upon petition, in this case as in any other, but the statute from which our authority is derived appears to relate to trials in civil actions only. We consider the question as settled by the case of Borden v. Bowen.

Petition dismissed.  