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SUCCESSION OF MILLER

No. 9481.

359 So.2d 1126 (1978)

Succession of Mildred Margaret MILLER.

Court of Appeal of Louisiana, Fourth Circuit.

May 25, 1978.

Attorney(s) appearing for the Case

Racivitch & Wegmann, William J. Wegmann, New Orleans, for Mrs. Albertha Screen Meyer, appellant.

Derbes & Derbes, Jorda S. Derbes, New Orleans, for Mrs. Helen Miller Regan, appellee.

Before GULOTTA, STOULIG and GARSAUD, JJ.

ON COURT'S OWN MOTION TO DISMISS

STOULIG, Judge.

We dismiss this appeal as premature.

On November 5, 1976 appellant Albertha Meyer filed an ex parte petition to probate the will of Mildred Margaret Miller. The trial court refused to sign the order of probate noting on the bottom of the pleading:

"The court declines to order the probate of the attached will for the reason that it is not either...

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