Wetherby

Appeal taken from an order of the probate court “instructing executor, approving executor’s first account, determining trust income and ordering preliminary distribution of said trust income.” Gladys F. Wetherby, as executrix of the estate of Oscar H. Wetherby, filed objections to the first account of respondent Security Pacific National Bank (hereinafter referred to as Bank), as executor of the estate of Sara Lee Chapman Wetherby. After hearing and argument on the objections, which concerned the equitable allocation of monies between the two estates, the probate court *227 adopted the position concerning allocation taken by respondent Bank. Objector has taken a timely appeal from the order made below. The appeal lies (Prob. Code, § 1240, subds. (k) and (l)); we reverse.

Facts

The case is here on objector’s appendix in lieu of clerk’s transcript, as provided by California Rules of Court, rule 5.1. There is no dispute as to the factual matters which have given rise to this litigation.

Sara Lee Chapman Wetherby (hereinafter referred to as Sara) died on February 8, 1982, leaving an estate of approximately $2.5 million. Her will, after making some minor specific gifts,…