In Re Kellner

The surrogate of Essex county denied the petition of Jane Kellner to vacate the probate of the will of William H. Kellner, deceased. Thereafter, on a petition suggesting that new evidence might be produced as a basis for revoking the probate, the surrogate ordered that there be a "rehearing and reargument" on Miss Kellner's petition and that the newly discovered evidence to be adduced, should be confined to the facts alleged in the last petition. From this order, an appeal is taken. The respondent moves to dismiss the appeal on the ground that the order is not appealable.

Chief-Justice…