In Re Estate of Rider

California Supreme Court
In Re Estate of Rider, 251 P. 807 (Cal. 1926)
199 Cal. 747; 1926 Cal. LEXIS 322
Curtis

In Re Estate of Rider

Opinion of the Court

CURTIS, J.

This appeal was originally taken by Annie Rider, the surviving wife of George K. Rider, deceased, from an order of the probate court refusing to make a family allowance for her support during the administration of the estate of said deceased. Since the perfecting of said appeal Annie Rider has died and Joseph H. Crosby, as the executor of her last will and testament, has been substituted in her place and stead as appellant herein.

Upon the death of said Annie Rider the questions involved herein have become moot. It would accomplish no purpose to permit the executor to prosecute this appeal, for even if he should succeed in securing a reversal of the order appealed from, the probate court could not, after the death of said Annie Rider, act upon her petition for a family allowance except to dismiss the same on account of her death.

This appeal is therefore dismissed.

Shenk, J., Richards, J., Waste, C. J., Finlayson, J., Seawell, J., and Sullivan, J., concurred.

Reference

Full Case Name
In the Matter of the Estate of GEORGE K. RIDER, Deceased. JOSEPH H. CROSBY, Executor of the Last Will and Testament of ANNIE RIDER, Deceased, Appellant
Status
Published