Estates of Deceased Persons—Will—Order Dismissing Contest— Appeal.—An order dismissing a contest to the probate of a will, instituted prior to its admission to probate, is reviewable upon appeal from the final order or judgment admitting the will to probate.

Id.—Order of Proof—Evidence of Contestant’s Interest.—On the trial of a contest to the probate of a will the court in controlling the order of proof may properly require' that the contestant must first establish his interest, and upon his failure so to do may dismiss the contest.

Id.—Husband and Wipe — Separation Agreement — Disinherison — Fairness op Agreement.—On the trial of a contest by a husband to the probate of his wife’s will proof on the part, of the proponent of the will of a separation agreement be'tween the husband and wife, whereby they each waived and released all right and claim of inheritance or to succeed to any property of the other, and which had been lived up to by both parties during the lifetime of the wife, is sufficient to show a want of interest in the husband to maintain the contest, without any evidence by the proponent of the fairness of the separation agreement; and after the contest has been dismissed it is then too late for the contestant, at a following session of the court, when formal proofs of the due execution of the will were being offered by the proponent, to show that the agreement was not fair and just, but was obtained through fraud or coercion.

Id.—Transfers op Heirship—Estoppel.—Transfers, releases, or extinguishment of heirship were always cognizable in equity, and in proper eases they afforded a complete defense by way of estoppel, and such equitable defense is cognizable by the court in probate.

Id.—Jurisdiction—Non-Besident.—The superior court has jurisdiction to grant original probate of the will of a non-resident who died leaving property within this state.