In re the Estate of Wiard

Appeal from a decree of final distribution, and from an order subsequently made denying an application or motion to vacate and set aside said decree, and for a new trial.

The decree was rendered, filed, and entered March 12, 1888. An appeal from such a decree may be taken to the supreme court (Code Civ. Proc., sec. 963, subd. 3), and the general provisions of part 2 (of which said section is a part), relative to appeals, are applicable, except so far as they are inconsistent with the provisions of title 11, part 3,, Code Civ. Proc., sec. 1714. Appeals from orders and decrees in probate proceedings are governed by chapter 12, title 11, of part 3. Section 1715, found in that chapter, provides that the appeal must be taken within sixty days after the order, decree, or judgment is entered. This appeal was not taken until December 22, 1888. The appeal from the decree must therefore be dismissed.

*620 Subdivision 3 of section 963, Code of Civil Procedure, enumerates all the cases in which an appeal may be taken to this court from the superior court in probate proeedings, and an order refusing to vacate a decree of distribution and settlement of final account is not one of them.…