In Re Robertson's Estate

(dissenting in part) — The first three divisions of the majority opinion appear to be based upon sound principles of law, and I concur in the reasoning therein. From Division IY, however, I must respectfully dissent.

I. As the majority recites, appellee’s brief contained a motion to dismiss the appeal, based upon a claimed lack of jurisdiction in this court to consider it. The reason assigned is that no notice of appeal was given. The appeal is from an order before final judgment. It is what is known in the trade as an “interlocutory” appeal. The order objected to by the appellant was entered…