Pasternak v. Mashak

HOUSER, Commissioner.

This is a suit to contest a will. A jury found the instrument not to be the will of testatrix. Defendant, sole beneficiary, *761appealed on the ground that the proof was insufficient to establish mental incapacity or undue influence and that the jury was improperly instructed on the law of the case.

Inquiry into the first concern of every court convinces us that we do not have appellate jurisdiction and that the case must be transferred to the appropriate court of appeals, for the following reasons.

We do not have jurisdiction on the ground that the title to real estate is…