In Re Crutcher

On June 16, 1926, the appellant, as guardian of the person and estate of Dewey H. Crutcher, an incompetent person, filed her fourth and final account, and petition for settlement and allowance of fees, and the same was set down for hearing in the superior court on July 14, 1926. On the date last mentioned the respondent filed its petition for appointment as guardian of said estate, in the place and stead of Elizabeth Ann Crutcher, which was thereafter granted. On April 28, 1927, the court below *Page 120 made an order settling said account, disallowing certain items thereof, which were ordered paid to respondent, and authorizing the latter, upon receipt of the amounts specified, to release certain mortgage liens then of record against the property of the ward. On June 22, 1927, Elizabeth Ann Crutcher appealed from the "order, decree, judgment and rulings of the court" and filed a "Notice to the clerk, request for transcript duly certified." The respondent on March 1, 1928, filed in this court a motion to dismiss said appeal, "upon the grounds that said appellant has wholly failed to serve and file the transcript of said cause within the time and as prescribed by Rule II of the…