Cohen

This is an appeal from an order of the probate court confirming a referee’s report recommending that decedent's will dated November 27, 1942, be admitted to probate and that decedent’s later will dated January 27, 1961, be refused admission to probate as a lost or destroyed will. The above order was made January 4, 1963. On the same day the court made a second order admitting the will to probate and appointing executrix. Section 1240 of the Probate Code specifies the orders in probate proceedings from which an appeal will lie. An order confirming a referee’s report is not as such one of the orders so specified and as such is therefore not appealable. (Cf. Estate of O’Dea (1940) 15 Cal.2d 637, 638 [ 104 P.2d 638 ]; Estate of Mohr (1962) 208 Cal.App.2d 799, 801 [ 25 Cal.Rptr. 688 ].) We doubt that the order confirming the referee’s report can be construed as either an order “admitting a will to probate” or an order “refusing to make any order” admitting a will to probate, both of which are appealable (Prob. Code, § 1240) since some further action seems required from the court after it has signified through confirmation its adoption of the findings, conclusions and recommendations of…