Estate of Le Fevre

This is an appeal by Mills W. Barse, “both personally and as executor,’’ from paragraph II of the “Decree of Distribution to Foreign Executor under Section 1667 of the Code of Civil Procedure.” The appellant brought up a typewritten transcript containing copies of (1) the decree; (2) second and final account and report of executor and petition for final distribution, and (3) notice of appeal. He also brought up a typewritten reporter’s transcript which purports to contain proceedings had on February 5, 1925. However, the reporter’s transcript does not show what part of the probate proceedings were on hearing on said date. After the transcripts were filed and after the respondent Clara Le Fevre Scott had filed her brief the appellant made a motion that he be granted permission to also bring up as a part of his record on appeal the inventory and the final account. The hearing of that motion was continued until the date of the hearing of the appeal. Thereafter the parties stipulated that the appeal might be submitted on the briefs without oral argument. We must assume, therefore, that the motion to bring up additional papers has been abandoned.

In his opening brief the appellants…