In Re Estate of Rider

California Supreme Court

In Re Estate of Rider

251 P. 807, 199 Cal. 747, 1926 Cal. LEXIS 322

CourtCalifornia Supreme Court

DecidedDecember 7, 1926

DocketDocket No. Sac. 3800.

StatusPublished

This text of 251 P. 807 (In Re Estate of Rider) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Estate of Rider, 251 P. 807, 199 Cal. 747, 1926 Cal. LEXIS 322 (Cal. 1926).

Pincite

Opinion

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.

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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.

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Bluebook (online)

251 P. 807, 199 Cal. 747, 1926 Cal. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-rider-cal-1926.