72 P. 2 | Utah | 1903
The appellants claim to be the residuary devisees and legatees under the will of Jonathan M. Williamson, deceased, whose estate is now in process of settlement in court. It appears that the respondent, Park, who is the executor under the will, for the purpose of paying the expenses of administration, family allowance, etc., filed, on November 14, 1901, a petition praying to he permitted to sell a portion of the real property belonging to the estate. Upon the hearing of the petition, the district court, sitting as a court of probate, granted, against the objections of the appellants, an order directing the sale by the executor of a certain portion of the real estate, in accordance with the prayer of the petition. From that order this appeal was prosecuted.
The respondent at the very outset challenges the standing of the appellants in this court, on the ground that under our Constitution and laws no appeal lies from such an order, because, as is insisted, it is not a final order. The Constitution, in section 9, article 8, so far as material here, provides: “Appeals shall also lie from the final orders and decrees of the court in the administration of decedent estates, and in cases of guardianship, as shall be provided by law.” By statute (section 3300, Revised Statutes 1898) it is provided: “ Appeals shall also lie from the final orders and decrees of the court in the administration of decedent estates.” Under these provisions of the Constitution and statute it is clear beyond controversy that an appeal lies from the final orders as well as from the final decrees of a court made in the administration of decedent estates. The question remains, however, whether the order in dispute was a final order. We are of the opinion that
Appeal dismissed. Costs of appeal to be taxed against the appellants.
