Guardianship of Copsey

CURTIS, J.

Motion to dismiss an appeal from that portion of an order of court allowing and approving the thirteenth annual account of the guardian of the estate of Raymond Copsey, an incompetent person, which allows fees to the attorney for said guardian “for services alleged to have been rendered in said matter in the amount of $649.49 for his ordinary services and in the amount of $4,000 for his extraordinary services rendered.”

Raymond Copsey, the incompetent, was a veteran of the World War, and his entire estate, which was administered by his guardian in this matter, was derived from the government of the United States, and consisted of the various sums of money paid by the government of the United States in pursuance of the World War Insurance Act, and other federal statutes, providing aid to soldiers who served their government in said war.. The appeal was taken by Frank T. Hines, administrator of veterans’ affairs.

The motion to dismiss the appeal was based upon eight grounds, only two of which merit any extended discussion, and these two in reality involved only one question, and that is the right of the administrator of veterans’ affairs to appear in said guardianship matter and take an appeal from the court’s order allowing that portion of the guardian’s account appealed from. Before discussing this question, we might say regarding the other six grounds which are made the basis of this motion, that the notice of appeal was filed in time, having been filed within less than sixty days from the date of the order appealed from; the same may be said regarding the time and filing notice to prepare transcript; there is no provision of law requiring the notice of appeal to be addressed to the opposite party; the record fails to show that the appellant acquiesced in the order

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appealed from; the failure to file aU undertaking to secure the cost of the preparation of the record on appeal is no ground for the dismissal of the appeal; and the general statement that the appellant by his conduct has waived his right to take said appeal is not supported by the record before us.

Addressing ourselves to the two other grounds upon which the motion is based, and which in our opinion require a more detailed discussion, they are set forth in the respondent’s moving papers substantially as follows: That the nominal appellant is not aggrieved, and that the appellant is not a party to the proceedings in the trial court, and is, therefore, without any right to appeal from the order of said court.