Roebuck v. Essex, Admx.

—This appeal involves a claim against a decedent’s estate.

The transcript and assignment of error was filed in the office of the clerk of this court 98 days after the date of judgment. The appellee has interposed a mo tion to dismiss the appeal for the reason that it was not perfected within 90 days as required by Rule 1 of this court.

The appellants contend that the appeal is governed by section 3 of chapter 36 of the Acts of 1913 (Acts 1913, p. 65), section 6-2002 Burns’ Ann. St. 1933, section 3278 Baldwin’s Ind. St. 1934, which provides for appeals in matters connected with a decedent’s…