Estate of Clanton

This is an appeal from an order of the superior court settling the final account of W. T. Criteser, as guardian of the estate of Samuel T. Clanton, an incompetent. After the death of the ward, the respondent presented his final account for settlement. The appellants, who are either heirs or assignees of heirs, filed a contest, which was heard and the court decided adversely to the contentions of the contestants.

Submitted with the appeal from the order is a motion to dismiss the said appeal upon the grounds and for the reasons that appellants failed to serve upon the administrator of the estate of Samuel T. Clanton, deceased, or upon his counsel, their proposed bill of exceptions or a copy of the engrossed bill or a copy of the transcript on appeal. Upon consideration of the appeal upon its merits we are compelled to affirm the judgment. It is unnecessary, therefore, to review the arguments and authorities presented in the discussion of the motion to dismiss the appeal. It is sufficient to say that we think the motion should be denied and it is so ordered.

Objection was also made to a consideration of this appeal upon the ground that the transcript does not show that the…