COUNIHAN, J.
This is an appeal by the respondent from an order of a judge of the Probate Court denying a motion to frame jury issues. It comes directly to this court under G.L. (Ter. Ed.) c. 215, § 22, without waiting until the case is ripe for a final decree. Fuller v. Sylvia, 240 Mass. 49, 51.
The motion for jury issues was made in proceedings on a petition filed by the petitioner in the Probate Court seeking partition of two parcels of...
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