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ESTATE OF HARRISON

Docket No. 14692.

103 Cal.App.2d 12 (1951)

228 P.2d 881

Estate of MARGUERITE HARRISON, Deceased. WILLIS COOK, Appellant, v. NORMAN L. SCHEINMAN, as Administrator, etc., Respondent.

Court of Appeals of California, First District, Division One.

March 21, 1951.

Attorney(s) appearing for the Case

Ernest Spagnoli for Appellant.

Rea, Jacka & Frasse, Amici Curiae on behalf of Respondent.

BRAY, J.

Appeal from (1) decree of settlement of second and final account and of distribution; (2) order denying motion to vacate such decree.

[1] The order denying the motion to vacate is not appealable. (Lutz v. Christy, 67 Cal. 457 [8 P. 39].) This decision was based on section 963, subdivision 3, of the Code of Civil Procedure. In 1931 section 1240 of the Probate Code was enacted providing for appeals in probate. It does not...

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