Opinion
Rehearing Denied Aug. 27, 1974.
Tate & Tate, Penfield W. Tate, II, Denver, for respondents-appellees.
Kathryn Mumford, pro se.
COYTE, Judge.
Claimant-Appellant and one Mrs. Doris E. Lucas were given power of attorney by William and Lillian Conner to manage a parcel of real estate owned by the Conners. Subsequently, the power of attorney was revoked and both Conners were adjudicated incompetent and their affairs were turned over to the public administrator. Thereafter, Mr. Conner died. Claimant made claim in both estates for services rendered by her under the power of attorney and claim for personal services rendered in caring for Lillian Conner. The court, after a hearing of the consolidated claims, denied claimant's claim for compensation for services performed under the power of attorney but awarded her $750 for services rendered to Lillian Conner. Claimant appeals, contending that she is entitled to be paid for the services she performed while looking after the Conner property under the power of attorney and that the allowance of the claim to the extent of $750 for personal services is inadequate. We affirm.
Claimant filed the record from the probate court without a transcript of the testimony taken at the hearing. As stated in Oman v. Morris, 28 Colo.App. 124, 471 P.2d 430:
'Where there is no transcript before the court on appeal, the regularity of the trial court's judgment and the competency of the evidence upon which the judgment is based must be presumed. Stuckman v. Kasal, 158 Colo. 232, 405 P.2d 948; Burton v. Garner, 150 Colo. 529, 374 P.2d 707.'
Since there was no transcript furnished to us of the testimony taken at the hearing, we must presume that the findings of the trial court are in accordance with the evidence.
Judgment affirmed.
SMITH and VAN CISE, JJ., concur.