In re Estate of John W. Gilbert

The Supreme Judicial Court vacated the judgment of the probate court approving, with a modification, the report of a referee for the distribution of the Estate of John W. Gilbert. Judith Gilbert, individually and as personal representative of the estate, appealed, arguing that the probate court erred by appointing a referee and adopting the report of the referee. The Supreme Judicial Court remanded the matter for the probate court to conduct an evidentiary hearing as if a referee had never been involved in the matter and for the court to issue a decision detailing the distribution of the estate consistent with the evidence produced at that hearing, holding (1) because the referee failed to conduct a hearing before submitting his report, the probate court’s adoption of any portion of the referee’s report was error; and (2) the involvement of a referee in the matter was misguided. View "In re Estate of John W. Gilbert" on Justia Law