Probate Practice and Procedure

Judicial Review of Probate Court Orders and Decisions

SECTION 33-23-13

§ 33-23-13. Discontinuance of appeal.

The party taking an appeal from an order or decree of a probate court may, at any time, discontinue the appeal in the manner provided for the discontinuance of proceedings in the superior court; and upon presentation to the probate court of a certificate of the discontinuance from the clerk of the superior court having jurisdiction of the appeal, the appeal shall then be entered on the record of the probate court as discontinued; and the suspension of the operation of the order or decree appealed from, provided in § 33-23-2, shall then cease, and the original order or decree shall then take effect as if an appeal had not been taken.

History of Section.
(C.P.A. 1905, § 802; G.L. 1909, ch. 311, § 7; G.L. 1923, ch. 362, § 7; G.L. 1938, ch. 573, § 7; G.L. 1956, § 33-23-13; P.L. 1996, ch. 110, § 13.)