In Re Estate of Swanson

Proponents’ appeal presents the question whether the settlement agreement is a valid defense to their attempt to probate the will and codicils. On the administrators’ appeal we must, determine whether an ex parte allowance of fees to proponents’ attorneys is a final judgment or decision from which appeal will lie under Rule 331, Rules of Civil Procedure.

Decedent John Swanson died November 18, 1946, leaving a will and two codicils which were filed for probate by the attorney for Lloyd and Ed Stockdale, nominated in the will as executors. It is of no consequence that the petition for probate…