The petition was accompanied with a certificate from the probate office, signed by the register of probate, in support of the allegations in the petition. Some of the Court doubted at first whether a certificate from the judge of probate was not necessary; but upon consideration, and looking into the statute , they were all of * opinion that the judge’s certificate is required only in [ * 398 j cases where application is made for authority to sell more of the real estate than is necessary for the payment of the debts, upon the ground that, by a partial sale, the residue will be greatly injured.
In other cases, a certificate from the register is sufficient . 1783, c. 32. [See the Revised Statutes.—Ed.]