Estate of Rawson

The last will and testament of the above-named deceased was offered for probate, and appellants filed a contest wherein fraud, undue influence, mental incompetency, conspiracy, and other grounds were alleged. The proponent demurred thereto, and after argument and the submission of briefs by the parties, the trial court sustained the demurrer without leave to amend. Notice was given that contestants appealed “from the order of the above-entitled court, entered therein October 2nd, 1923, sustaining the demurrer, without leave to amend, filed by the proponent of the will of Martha Bawson, deceased, to contest of said will, said order being in favor of said proponent of said will and against the above named contestants of said will, and from the whole of said order.” No judgment is embraced in the record before us.

Appellants’ opening brief is devoted exclusively to extensive argument and citation of authorities upon the merits of the contest, but respondent raises the point that the appeal must be dismissed, and such being our view of the law, we are not called upon to consider the other questions involved.

Section 963 of the Code of Civil Procedure enumerates the orders from which…