When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may grant leave to file a notice of appeal from an order, sentence, decree, or denial of the Probate Division of the Superior Court or from a determination of commissioners on the estate of a deceased person in those cases which are by law appealable. (Amended 1959, No. 261, § 55; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 73, eff. Feb. 1, 2011.)