Barrow

Motion to dismiss the appeal. The last will and testament of Anna M. Hathaway was admitted to probate in the superior court of the city and county of San Francisco in January, 1895, and thereafter, viz., June 21, 1895, upon his application therefor, Charles W. Barrow was appointed by one of the judges of said court guardian ad litem of Harriet Coleman Barrow, an incompetent person, claiming to be the heir at law of *271 the deceased; and on the same day a petition was filed in said court in her name by her said guardian for the revocation of the probate of said will. Upon notice therefor to said guardian ad litem, a motion was made to said court to vacate and set aside the order appointing him as said guardian ad litem, and to strike out and dismiss the petition filed by him for a revocation of the probate of said will. This motion was heard upon affidavits filed on behalf of the respective parties, and on the 7th of September the court made an order granting the motion. From this order the guardian ad litem appealed to this court, and a motion is now made on behalf of the executor to dismiss the appeal upon the ground that the order is not appealable.

The provision in section…