In Re Forthmann

This is an appeal from the order made September 24, 1930, settling the first and final account of the guardian of an incompetent person and discharging the guardian, Charles A. Meyer, and particularly from those portions of the order allowing certain items of expense and guardian’s and attorney’s fees, and from the provision in the order declaring the amounts allowed to be a charge and lien against the estate of the ward.

Respondent has moved the dismissal of the appeal upon the ground that the notice of appeal was not filed within the time required by law. Appellant contends that the document entitled “Notice and Request for Transcript” of October 10, 1930, filed sixteen days after the making and filing of the order appealed from is a sufficient compliance with the requirement of a notice of appeal and, if this be true, the appeal was taken within the time allowed by law.

Did the notice and request for a transcript constitute also a notice of appeal? This notice declares that the ward “desires or intends to appeal” from the order and concludes with a request for the reporter’s transcript. It is no objection to a notice of appeal that it is a part of the request to the clerk to…