Louis

An appeal has been taken from an order in each of the above-entitled proceedings, authorizing the testamentary trustee to sell sufficient of the trust property to pay attorney’s fees totaling $1,000 before distribution to the remaindermen.

This court denied motions to dismiss said appeals in Matter of Smead’s Estate, 12 Cal. (2d) 20 [ 82 Pac. (2d) 182 ], the opinion in which is referred to for a more detailed statement of the facts. By its decision therein this court dismissed appeals from the consolidated decree which settled the trustee’s accounts, provided for payment of $1,000 from the trust estate to the trustee’s attorney, and ordered distribution to the remaindermen after payment of such fees. Those appeals were dismissed on the ground that they were taken too late. Appeals from orders denying motions to strike a notice of intention to move for a new trial and a modification of the decree settling the trustee’s accounts were dismissed on the ground that the orders were nonappealable. It was held that the order to sell the trust property was an appealable order. Subsequently a motion to dismiss the appeal from that order, made on other grounds, was denied.

*206 The…