Before the Probate Act of 1939 was passed the appeal section of the Administrators Act (Section 124, Chapter 3 [Jones Ill. Stats. Ann. 110.373]) permitted appeals to the Circuit Court from county courts from all judgments, orders, etc. This section and the similar sections, 68 of the Administrators Act and 14 of the Wills Act, have been construed to be limited to final orders. In re Estate of Turner, 275 Ill. App. 366. Mere interlocutory orders were not appealable by an aggrieved person under Section 124 of the Administrators Act. Lane v. Thorn, 103 Ill. App. 215.
It is not questioned that petitioners in the circuit court were entitled to a trial de novo of the issues. People v. Whealan, 353 Ill. 500; In re Estate of Turner, 275 Ill. App. 366. However, the material facts are stated in the petitions and are not denied. There is, we think, merit to the contention of the estate that by appealing from the order entered on the first petition any right to a hearing on the second was waived.
Our attention has been called to cases arising in the county court in the matter of heirship, widow's award, and claims against estates, in which the court has held that under certain conditions it can vacate or modify its finding at a subsequent term other than the date of the original orders. In the case of In re Estate of Turner, 275 Ill. App. 366, the court was considering whether an order of a probate court setting aside its former order of heirship was an appealable order. They held in that case that it was not. The court in their opinion say: "The jurisdiction of the probate court over the estate of a deceased person is a continuing jurisdiction which remains with it until the estate is finally closed and distributed to the parties entitled to such distribution."