IN RE: the Estate of Ivan B. HASELBUD

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District Court of Appeal, Fourth District, California.

IN RE: the Estate of Ivan B. HASELBUD, sometimes known as I. B. Haselbud, and sometimes known as I. B. Hazelbud, Deceased. HARVEY & JOHNSTON, Appellants v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION (a National Banking Association), as Executor of the Last Will and Testament of Ivan B. Haselbud, Deceased; Lois Fay Haselbud Morris and Anna N. Haselbud, Respondents.

Civ. 2220.

Decided: May 17, 1938

Harvey & Johnston, of Bakersfield, for appellants. Chester R. Andrews and John J. Gallagher, both of Fresno, for respondent Lois Fay Haselbud Morris. Irvine P. Aten and Richard V. Aten, both of Fresno, for respondent Anna N. Haselbud.

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, In re Haselbud's Estate, Cal.App., 79 P.2d 443, this day decided, from the same order and decree, it was presented upon the same transcript and has been assigned the same number. 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.

HAINES, Justice pro tem.

We concur: BARNARD, P. J.; MARKS, J.