Estate of Calahan

The Court:

This is an appeal from an order of the Superior Court vacating a decree of distribution and settlement of the final account of the executor.

The first question, that arises is whether that is an appeal-able order. The Code (§ 963, C. 0. P.) provides in what cases an appeal may be taken from a Superior Court to the Supreme Court.. The cases are divided into three classes: 1. Final judgments of Superior Courts; 2. Certain enumerated orders and interlocutory judgments; 3. From certain specified judgments or orders made in probate proceedings.

It is quite clear that the first and second…