In re Estate of Walkerly

In this estate one of the executors, Columbus Bartlett, filed a petition praying to he allowed a certain sum of money for alleged extraordinary services -rendered by him as such executor. Objections were made to the allowance prayed for by the other executors, and by various parties interested in the estate; and the matter having been heard, the court, on March 11, 1891, made an order denying said petition. After-wards, on March 30, 1891, the said Bartlett made and served notice of motion to vacate said order of March 11th, and to restore the cause to the calendar, upon the ground that no findings had been filed or waived, and that the court make findings, and that judgment be entered thereon as required by law. This motion was afterwards heard, and on May 29, 1891, the court.made *353 an order denying it, and from this last order denying the motion to vacate, etc., said Bartlett has undertaken' to appeal to this court. Respondents move to dismiss the appeal upon the ground, among others, that the said order denying the said motion to vacate is not an appealable order.

The order appealed from is clearly not appealable. The general rule is well established that appeals can only-be…