§ 2556 - -Appeal from commissioners
§ 2556. -Appeal from commissioners
(a) In the two following cases, an executor, administrator or creditor may appeal to the superior court from the decision and report of the commissioners, if notice of appeal is filed with the clerk of the court appealed to and the register of the probate court within thirty days after the return of the commissioner's report:
(1) When the commissioners disallow a claim in whole or in part to the amount of $20.00 or more in favor of a creditor or of the estate;
(2) When the commissioners allow a claim in whole or in part, and the sum allowed and objected to amounts to $20.00 or more.
(b) In case an appeal is taken as above provided, if a claim in favor of the estate against such claimant or a claim in favor of the claimant against such estate, has not been presented to the commissioner by reason of fraud, accident or mistake, on trial of such appeal, and upon filing proper statement of such claim in superior court, recovery may be had for such claim not presented to the commissioners by reason of such fraud, accident or mistake. (Amended 1959, No. 261, § 60; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)