Rugg, C. J. This is an appeal from a decree of the Probate Court denying a petition by certain heirs at law of the alleged testator, who contest the allowance of his will, to frame issues of fact to be tried by a jury. An appeal from such an interlocutory decree comes directly to this court under G. L. c. 215, § 22, without waiting until the case is ripe for final decree. That statute makes an exception in this particular to the…
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