Maltais v. Maltais
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The Supreme Court of Rhode Island heard an appeal by Kelly Maltais contesting the dismissal of her probate appeal by the Superior Court. Kelly challenged the last will and testament of her father, Laurent E. Maltais, alleging fraud, duress, and undue influence, and asserting that her father lacked testamentary capacity. Kelly's probate appeal was dismissed by the Superior Court on the grounds that it was filed 32 days after the probate court order, two days beyond the statutory 30-day limit for appeal. Kelly argued that the 30th day fell on a Saturday, and under Rule 6 of the Superior Court Rules of Civil Procedure, she had until the following Monday to file her appeal.
The Supreme Court of Rhode Island vacated the order of the Superior Court, ruling that the computation of time for the 30-day deadline is tolled when the last day for filing falls on a Saturday, Sunday, or a legal holiday, in order to give appellants the full benefit of all the time allowed, even if it necessitates giving an additional day. The case was remanded to the Superior Court for further proceedings consistent with this opinion.
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