In Re the Estate of Kellner

The opinion of the court was delivered by

Parker, J.

The appeal is from an order of the prerogative court dismissing an appeal from an order by the surrogate of Essex countjr, for reargument of an application to reopen probate of a will. The prerogative court held that no appeal would lie from the order of the sxm'ogate, because the interest of the appellant was in no way affected by the making of the order.

The history of the case is illuminating. Testator died July 24th, 1930; his will and codicils were proved September 10th, 1930; and the executors’ account was passed September 30th, 1931. On…