Wells v. McDonald

Appealability.

The appeal was taken from a decision of the trial court dated July 5, 1963, which provided as follows :

“An order may be drawn admitting Proponent’s Exhibit 1 to probate as the last will and testament of Ernest Burns, deceased.”

Although the issue was not raised by the parties, it is clear that the appeal was taken from the court’s decision, which is comparable to an order for judgment and, thus, not normally appealable. Sec. 274.33, Stats. A final order was entered on July 19, 1963, admitting the will to probate, but the appeal was not taken from the latter order. We have…