Clarke v. Bennett

Stone, Justice.

This case is furnished by a testamentary trust, of which Mrs. Maggie L. Clarke is trustee. After trial below on her final accounting (she has resigned as trustee), she was surcharged in the sum of $34,740.35. Findings of fact, conclusions of law, and order for judgment were made. There is an appeal from that order, which is not appealable. Hence that appeal is dismissed. But there was also a motion for amended findings or a new trial. Mrs. Clarke’s appeal from the order denying that motion properly presents the case for review.

Appellant is the widow of Hovey C. Clarke, late of…