Supreme Court of Rhode Island December 1, 1926 (Di Benedetto v. Capone)

Barrows, J.

This is a petition for leave to file an appeal from a decree of the Probate Court of the Town of Bristol admitting to probate the will of Antonio Pessolano. Petitioner comes to this court under Gen. Laws 1923, Chap. 347, Sec. 3 (5108). She asserts that by reason of accident, mistake or unforeseen cause she failed to prosecute her appeal within the forty days required by statute.