Troxell

This is an appeal from an order made by the superior court, sitting in probate, in response to a petition for instructions filed by a special administrator with general powers. Appellant Troxell is the proponent of a document which he contends is the Last Will and Testament of decedent, under which he would be the distributee of a piece of real property. Contests to the admission of that will have been filed by the other respondents, who claim under other instruments which they contend are the true last wills and testaments of decedent and under which Troxell would not receive the real property in question. As qf the date of the order herein involved these contests had not been determined and no will had been admitted to probate. Neither Troxell nor any of *802 the contestants are entitled to take as heirs-at-law and decedent left no heirs.

The nature of the dispute is adequately stated in the administrator’s petition, as follows:

After a hearing, at which Troxell, the administrator and the various contestants appeared, the court made its order in the following terms:

Troxell has appealed from the portions of the order which we have emphasized in the above quotation.

Although…