Estate of Mills

This is a motion to dismiss an appeal from an order settling an account and allowing certain fees for extraordinary services. A minute order was entered in the matter on December 21, 1951 and a more formal written order signed by the judge on December 27. The minute order contained no direction for a written order and the movant asserts that under rule 2 (b) (2), Rules on Appeal, the minute order is the appealable order in which event the notice of appeal filed on February 25 was not in time.

It is settled that under rule 2 (b) (2) even though there is no direction in the minute order for the…