Kilgo v. Cochran

Gkioe, Justice.

In this appeal from a judgment construing the provisions of a will, the appellee has moved to dismiss upon the ground that the record was not transmitted to this court within 20 days from the filing of the notice of appeal, as is required by the Appellate Practice Act where, as here, no transcript is to be sent up. Ga. L. 1965, pp. 18, 28, as amended (Code Ann. § 6-808). We regard the motion as meritorious, in view of the following.

Argued July 15, 1969 Decided September 8, 1969. David S. Eisenberg, for appellant. Ben F. Sweet, for appellees.

On April 23, 1969, the notice of…