§ 33-23-1 Filing of claim of appeal, record, and reasons
§ 33-23-2 Suspension of order or decree pending appeal
§ 33-23-3 Effect of appeal from granting of letters
§ 33-23-4 Sale of tangible personal property pending appeal
§ 33-23-5 Sale of personalty in general pending appeal
§ 33-23-6 Powers over real estate pending appeal
§ 33-23-7 Transfer of estate pending appeal from decree removing fiduciary
§ 33-23-8 Notice of appeal
§ 33-23-9 Assignment day
§ 33-23-10 Assignment for hearing
§ 33-23-11 Failure to file appeal claimed
§ 33-23-13 Discontinuance of appeal
§ 33-23-14 Modification of decrees after discontinuance of appeal
§ 33-23-15 Want of jurisdiction – Amendments to supply defects
§ 33-23-16 Correction of want of notice
§ 33-23-17 Consolidation of appeals – Addition of parties
§ 33-23-18 Affirmance, reversal, or entry of new decree
§ 33-23-19 Transmission of final decree to probate court
§ 33-23-20 Conclusiveness of advice or direction of probate court
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Terms Used In Rhode Island General Laws > Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probate: Proving a will
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.