Estate of Patterson

THE COURT.

This is a motion to dismiss an appeal from an order nonsuiting the appellants in a contest of will before probate. The proponents of the will contend that the order is nonappealable in that it is not designated in section 1240 of the Probate Code as one of the probate orders from which an appeal will lie. In opposition thereto the contestants urge that a will contest is “primarily in the nature of a civil action’’ and that “such a contest is so predominantly civil that it comes within the category of cases for which the legislature intended to provide a right of appeal by…