Shnell v. Brunton

WOOD (Parker), J.—

This is a motion by respondent to dismiss the appeal herein upon the ground that the notice of appeal was not filed within the time provided by law. The appeal is from a “judgment and decree” settling the final account of a trustee of a testamentary trust after termination of the trust, allowing fees for “services as attorney and as administrator,” and apportioning and distributing the assets of the testamentary trust.

The decree was signed by the.judge, and was filed June 3, 1943. It was entered June 8, 1943. The' notice of appeal was filed August 5, 1943.

Respondent contends…