In re Estate of Scott

Motion to dismiss the appeal. The appellant filed a contest in the superior court of the probate of the will of Angelia R. Scott, and the issues made upon his contest were tried and decided in favor of the proponents of the will. The findings of the court and its direction that the will be admitted to probate were filed September 12, 1898, and on October 12, 1898, an order in pursuance thereof was entered. A notice of appeal from this order was given by the appellant herein November 2, 1898, and on December 2, 1898, he filed and served a second notice of appeal from the order. February 23, 1899, the proponents of the will gave notice to the appellant of a motion to dismiss his appeal for failure to file the transcript within forty days after perfecting the appeal, and upon the further ground that the notices of appeal were defective, and had not been served upon all the adverse parties.

1. The contestant gave notice of a motion for a new trial September 21, 1898, and thereafter prepared a statement to be used upon this motion, which with the amendments were presented to the judge of the superior court for settlement, and at the time the notice of the motion herein was given…