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ESTATE OF HILLERY

No. 197.

46 Wis.2d 689 (1970)

176 N.W.2d 376

ESTATE OF HILLERY: McCARVILLE, Appellant, v. HINKINS and others, Respondents.

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Gilbert F. Barnard of Darlington.

For the respondent Clara Geach there was a brief and oral argument by Ervin W. Johnson of Darlington.

For the respondent Russell Hinkins there was a brief by McDaniel, Reinoehl & Belanger of Darlington, and oral argument by D. F. Reinoehl.

WILKIE, J.

The order which is before us is not an appealable one, and therefore the appeal must be dismissed. Even though the issue of the appealability of this order was not raised by the parties, this court has the duty to examine the question on its own motion.1 If the matter in controversy is not appealable, then this court has no subject matter jurisdiction over the appeal.2

The order appealed...

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