Russ

Appellant appeals from a “Memorandum of Opinion ’ ’ rendered by the trial court with regard to the interpretation of a will involving heirship determination under section 1080 of the Probate Code.

The pretrial order shows that a non jury trial was demanded for questions of law involving the interpretation or construction of a holographic will and that a jury trial was demanded for questions of fact relating to the character, as community or as separate, of real property devised by the will as well as other property in which the decedent had some interest at the time of her death which was not specifically mentioned in the will.

After the nonjury trial on the questions of law the court filed a “Memorandum of Opinion” which is the “order” appealed from, containing the following language:

The opinion proceeds to recite that the court is satisfied and “It is Hereby Ordered” that the other issues relating to the decedent’s interest in property situated in Tuolumne County referred to in the will and property not referred to in the will “are factual matters which will have to be determined by a jury unless agreed upon by the parties. ’ ’

The “Memorandum of Opinion” was not entered as…