Succession of Miller

ON COURT’S OWN MOTION TO DISMISS

Before GULOTTA, STOULIG and GAR-SAUD, JJ. STOULIG, Judge.

We dismiss this appeal as premature.

On November 5, 1976 appellant Albertha Meyer filed an ex parte petition to probate the will of Mildred Margaret Miller. The trial court refused to sign the order of probate noting on the bottom of the pleading:

“The court declines to order the probate of the attached will for the reason that it is not either an olographic or a statutory will.

[Signed] Sanford Levy

Judge

11/9/76”

Mrs. Meyer neither appealed from this denial nor did she apply to this Court for supervisory…