Crowell v. Stone

Citations

• 142 Cal. 585

Syllabus

<p>Estates or Deceased Persons—Appointment op Administrator—Appeal bt Public Administbatob—Resignation—Substitution—Dismissal.—In a contest for letters of administration, the public administrator acts solely in and for his own interest, and not as trustee for any public right, and when his petition is denied and another administrator appointed, and pending his appeal from an order denying his motion for a new trial he resigns his office, even if it be assumed that a motion for a new trial will lie in such case, his successor in office cannot be substituted, but the appeal abates, and will be dismissed on motion of the respondent.</p>