MacKechnie v. Oliver

Contestants in this will contest appeal from a judgment entered on a verdict in favor of proponent. For the reasons which hereinafter appear, we have concluded that the judgment should be affirmed. Contestants also attempt to appeal from an order denying their motion for a new trial; such order is not appealable (see Prob. Code, § 1240; Estate of Anderson (1938), 29 Cal.App.2d 637, 641 [85 P.2d 212]; Estate of Frazer (1941), 43 Cal.App.2d 324, 327-328 [110 P.2d 702]; McNamara v. Emmons (1939), 36 Cal.App.2d 199, 208 [97 P.2d 503]) and the attempted appeal therefrom will be dismissed.

The…