Adair v. Schnack

(sitting in place of ADAIR, Justice, disqualified), delivered the opinion of the court.

This is an appeal from an order fixing commissions for executors who were replaced by an administrator, fees for their attorney while acting as executors of the estate, costs for unsuccessfully defending a will contést, and attorney’s fees for special and extraordinary services in the defense of the will contest.

Respondent moved to dismiss the appeal:

1. On the grounds that an appeal can not be taken from a part of an order; and

2. That the transcript on appeal contains only a part of the proceedings in that…