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TOLLES, ADMINISTRATOR v. SMITH.

APPEAL — Appellate Jurisdiction — Decisions Reviewable — Final Judgment Necessary — Probate Court Order Setting Aside Final Report — Not Final Judgment. — The order of a probate court setting aside the final report of an administrator, and an order approving the same, to allow a claimant an opportunity to prove her claim pending in the estate was not a final judgment from which an appeal could be taken.

ROYSE, C.J.

Appellants are here attempting to appeal from an order and judgment of the Probate Court of Marion County setting aside the final report and order approving the same to give appellee an opportunity to prove her claim pending in said estate. Such an order is not an appealable final judgment. Emmerling, etc. v. James C. Curtis Co. (1937), 103 Ind. App. 139, 141, 5 N.E.2d 677; Manor v. Manor et al. (1944), 222 Ind. 374, 377, 53 N.E.2d 343; Blume, Admx. v. First National Bank of Chicago, Ill. et al. (1948), 118 Ind. App. 533, 537, 78 N.E.2d 459 (Transfer denied).

Appeal dismissed.

NOTE. — Reported in 94 N.E.2d 760.

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TOLLES v. SMITH
(Nov 13, 1950)