Christopher v. Jones

George Rose Smith, Justice.

The appellants seek to obtain a review in the Court of Appeals of a chancery decree upholding the validity of a charitable trust. The Clerk of the courts refused to docket the appeal, finding that the record was tendered too late. This motion for a rule on the Clerk under Rule 5 comes to us for decision under Rule 29 (i). We agree that the record was not tendered until after the expiration of the last valid extension of time granted by the trial judge.

The decree was entered on May 8, 1980, and perhaps modified on June 19- After the notice of appeal was filed on May…