Kelly v. Van Scoy

California Court of Appeal Oct 28, 1943 No. Civ. No. 14237Published

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Holding. The court held that the appeal must be dismissed because the findings of fact, conclusions of law, and the order granting partition are not appealable matters under section 1240 of the Probate Code.

Issues

Whether the findings of fact, conclusions of law, and order granting partition are appealable in probate proceedings.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The matters from which an appeal may be taken in probate proceedings are set forth in section 1240 of the Probate Code. The matters from which appellant has attempted to appeal are not included therein.”

“Respondent’s motion to dismiss the appeal must be granted.”

THE COURT. In her notice of appeal appellant states that the “appeal is made from the findings of fact and conclusions of law filed December 18, 1942, and the order granting petition for partition and appointing referee to make partition filed December 18, 1942.” The matters from which an appeal may be taken in probate proceedings are set forth in section 1240 of the Probate Code. The matters from which appellant has attempted to appeal are not included therein. Respondent’s motion to dismiss the appeal must be granted.

The appeal is dismissed.

Kelly v. Van Scoy

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