
    Grafton,
    Dec. 4, 1902.
    Morse, Ex'r, Ap’t, v. Morse.
    Probate Appeal. Transferred from the May term, 1902, of the superior court by Pitee, J.
    
      Burleigh & Adams, for the plaintiff.
    
      James L. Wilson, for the defendant.
   Walker, J.

As the case merely reports the evidentiary facts before the superior court bearing upon the question of a homestead, without a ruling either, of law or of fact thereon, and as that court might find from the evidence, as a matter of fact, that the land in controversy was not a part of the home place, it is not deemed advisable to decide at this time a legal question that may never arise.

Case discharged.

All concurred.  