Garrett v. Garrett

POEFENBARGER, PRESIDENT :

Although the question of appellate jurisdiction of this cause in its present condition has not been raised by a motion to dismiss nor otherwise, it is apparent that the appeal was improvidently awarded and the ruling complained of *244cannot be reviewed at this time. The decree is not in any sense final nor does it settle the principles of the cause, within the meaning of the statute as defined by our decisions.

The bill seeks construction of a will. In the answer, its principal allegations, if not all of them, are admitted, but new matter is set up in the answer, as…