Herrick

In this action to establish a trust based upon an alleged oral agreement between spouses now deceased, the trial court sustained demurrers to three successive complaints, the third without leave to amend. Following this latter 'order, which was made on December 10, 1963, the trial judge signed and the clerk entered on December 20 a document captioned “Judgment” but which is in form merely another order sustaining the demurrer without leave to amend. The document does not purport to dismiss the action or award costs.

On January 2, 1964, plaintiffs filed a notice of motion for leave to file a third amended complaint. This motion was treated by the court as an application for reconsideration of the December 10, 1963, ruling, and was denied on January 14, 1964.

On January 28 plaintiffs filed a notice of appeal from the order of December 10 and the denial of their motion for leave to amend on January 14.

On March 30,1964, the court signed and filed a judgment in favor of defendants, declaring that plaintiffs take nothing.

*197 On April 2, 1964, plaintiffs filed a notice of appeal from the judgment of March 30.

The orders sustaining the demurrer and denying leave to amend were not…