In re Last Will & Testament of Ambrister

Ms. Justice Swepston

delivered the opinion of the Court.

Preliminary to a discussion of the merits of the case, attention is called to the fact that the order of the Circuit Judge purports to allow a discretionary appeal. The only provision for discretionary appeals appears in T.C.A. 27-305 as amended by Ch. 172, Acts of 1955, re*739lating to equity cases, but tbe same has no application to the instant situation. As will later appear herein, however, the judgment entered in the Circuit Court was a final judgment, because the effect of it was to settle all matters in controversy. We, therefore, have…