Estate of Schaeffer

Certain of the heirs and devisees of Rebecca Schaeffer, deceased, and the administratrix, appeal on a question of law alone, from the order and decree settling the final account of the administratrix, and decreeing distribution of the residue of the estate. The respondent makes a preliminary objection and seeks a dismissal in the absence of a printed record.

[1] The appeal is prosecuted under the alternative method. The transcript, prepared in the manner prescribed by section 953a of the Code of Civil Procedure, is properly authenticated by the clerk. It includes, among other papers, the verified final account, report, and petition for distribution, the written opposition and exceptions thereto, the order and decree settling the account, and directing distribution, which sets out the findings of the court upon the matter in controversy. It was not necessary that the record be printed. The enumerated papers, constituting the ordinary judgment-roll (Estate of Gamble, 166 Cal. 253, 255 , [ 135 Pac. 970 ]), are properly presented in the typewritten “Clerk’s Transcript.” (Code Civ. Proc., secs. 953a, 953c, Supreme Court Rule VII.) The appellants have printed in full in the appendix to…