W. Hudson Connery, Jr. v. Elizabeth May Gieske

Summary

The court held that the plaintiff's Superior Court action was an appeal from Probate Court orders because the Probate Court had jurisdiction to determine whether it had jurisdiction over the underlying matters. The appeal was not untimely because the statutory period began when the orders were mailed, but the complaint was premature because the written orders had not yet been issued and therefore could not be attached. The judgment was affirmed on that different ground, while the plaintiff's later appeal from the written orders was allowed to proceed.