Matheson

(after stating the facts).

Appeal lies from all orders of the commissioner exercising probate jurisdiction. Section 1772, Comp.Laws 1913 Alaska (Code of Civil Procedure). Exception may be filed with the commissioner allowing semiannual or final accounts, etc., and, upon such exception being filed, the commissioner shall make a transcript of all files, papers, and evidence pertaining to those orders, and forward same to the clerk of the district court. Section 1773, Comp.Laws 1913 Alaska (C.C.P.). “Upon the filing of such exceptions the district judge shall proceed on due notice to-hear and determine the same * * * and for that purpose may receive and entertain affidavits and depositions or hear oral evidence.” Section 1774, Comp.Laws 1913 Alaska (C.C. P.). “Upon such hearing the district court or judge thereof shall determine the issues so raised according to the very right of the matter and make such order in the premises as he' may see fit.” Section 1775, Comp.Laws 1913 Alaska (C.C.P.).

This statute obviously reposes discretion in the court to administer justice' in so far as it may be humanly *509 done, but it does not supervene rules of evidence. The scope and extent of…