Superior Court of Rhode Island January 23, 1931, P. A. No. 1205 (Sharkey v. Connors)

BAKER, J.

Probate appeal heard jury trial waived.

In this case the defendant, who was the husband of one Mary E. Connors, deceased, and whose estate is represented by the appellant herein, pe*107titioned the Probate Court of the Town of Warren under the provisions of Section 4 of Chapter 367 of the General Laws of Rhode Island 1923, asking that there be set off to him in fee real estate of the