79 P.2d 448

In the Matter of the Estate of IVAN B. HASELBUD, Deceased. HARVEY JOHNSTON, Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., et al., Respondents.

Docket No. 2220.Court of Appeal of California, Fourth District.
May 17, 1938.

APPEAL from an order of the Superior Court of Fresno County allowing attorney’s fees for extraordinary services. H.Z. Austin, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

Harvey Johnston, in pro. per., for Appellants.

Chester R. Andrews, John J. Gallagher, Irvine P. Aten and Richard V. Aten for Respondents.

HAINES, J., pro tem.

This is an appeal by the law firm of Harvey Johnston from so much of the order and decree of the Superior Court of Fresno County settling the final account of the executor in the above-entitled estate and making distribution of said estate as fixes the compensation allowed for extraordinary services of the attorneys for the executor at the sum of $250. Although the appeal was separately taken from the appeal of Anna N. Haselbud (ante, p. 375 [79 P.2d 443]), this day decided, from the same order and decree, it was presented upon the same transcript

Page 385

and has been assigned the same number. [1] There is in the file, however, a communication from the said firm of Harvey
Johnston stating that they have stipulated with opposing counsel by a stipulation filed with the superior court that the said appeal of said Harvey Johnston be dismissed.

The appeal is accordingly hereby dismissed.

Barnard, P.J., and Marks, J., concurred.