Affirmed and remanded.
Mr. JUSTICE BARRETT delivered the opinion of the court:
Pursuant to Supreme Court Rule 308, defendant was granted leave to appeal from an interlocutory order denying its motion to dismiss count I of plaintiff's amended complaint. (Ill. Rev. Stat. 1973, ch. 110A, par. 308.) The question of law identified by the judge of the chancery division of the circuit court is "whether the Probate Court's approval of a
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