Estate of Dougherty

This motion to dismiss the appeal is made on the ground that appellant has failed to properly procure the filing Of the record on appeal. The county clerk’s certificate shows that the action was a contest of a will on the ground that the decedent lacked testamentary capacity. Pertinent dates are: July 20, 1949: Verdict of the jury that decedent was of sound mind at the time of making Ms will. July 26, 1949: Judgment that contestant (appellant herein) take nothing against defendants (respondents herein). October 15, 1949: Written notice of appeal from the judgment of July 26, 1949, was filed.…