Morrison v. Murphy

PETERS, P. J.

The heirs of the decedent appeal from an order of the probate court allowing the claim of respondent as a creditor of the estate of Cole. The basis of the appeal is that the claim, as filed, does not comply with the provisions of section 705 of the Probate Code. We are of the opinion that the order appealed from is not an appealable order, and, for that reason, the appeal must be dismissed.

The respondent, Irene Murphy, filed a claim against the estate for $1,770, the claimed value of services alleged to have been rendered to decedent by the claimant at decedent’s request. The claim was first rejected by the administrator, but later he withdrew his objections, and approved the claim. The probate court thereupon approved the claim by an order which reads as follows:

“It appearing to the Court that, through inadvertence, the claim of Irene Murphy for $1770.00, against the estate of the above named decedent, was

rejected;

that said claim is a valid and legal claim against the estate of the said decedent, all of which more fully appears in said claim on file herein, and the evidence heretofore introdnced in this

court;

and

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notice of rejection of said claim having been withdrawn by said administrator, and said administrator having approved said claim in the full amount; and good cause appearing therefor,—

“It Is Hereby Ordered that the claim of Irene Murphy for $1770.00 is hereby allowed for the full amount, to be paid in the due course of administration.

“Done in Open Court this 20th day of October, 1950.

T. I. Fitzpatrick

Judge of the Superior Court.”

The heirs at law purport to appeal from that order. In probate cases, with certain limited exceptions not here applicable, only those orders specified in section 1240 of the Probate Code are appealable.