Majority
p. 384[Civ. No. 2220. Fourth Appellate District. May 17, 1938.] In the Matter of the Estate of IVAN B. HASELBUD, Deceased. HARVEY & JOHNSTON, Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., et al., Respondents.
Harvey & Johnston, in pro. per., for Appellants.
Chester R. Andrews, John J. Gallagher, Irvine P. Aten and Richard V. Aten for Respondents.
This is an appeal by the law firm of Harvey & Johnston from so much of the order and decree of the Superior Court of Fresno County settling the final account of the executor in the above-entitled estate and making distribution of said estate as fixes the compensation allowed for extraordinary services of the attorneys for the executor at the sum of $250. Although the appeal was separately taken from the appeal of Anna N. Haselbud (ante, p. 375 [ 79 Pac. (2d) 443 ]), this day decided, from the same order and decree, it was presented upon the same transcript
p. 385
and has been assigned the same number. There is in the file, however, a communication from the said firm of Harvey & Johnston stating that they have stipulated with opposing counsel by a stipulation filed with the superior court that the said appeal of said Harvey & Johnston be dismissed.
The appeal is accordingly hereby dismissed.
Barnard, P. J., and Marks, J., concurred.