Marshall v. Rogers

Petitioner has appealed from a judgment entered on the pleadings precluding him from participating as an heir in the distribution of his paternal aunt’s estate, as well as from an order denying his motion to amend his petition after judgment. The order is not appealable under the provisions of section 1240 of the Probate Code, and the appeal therefrom must be dismissed. The petition on which judgment was entered against petitioner on the pleadings alleged that although born the illegitimate son of decedent’s brother, he had been legitimated by his father under the provisions of section 230 of…