Opinion
No. 4229
March 4, 1960
Appeal from Eighth Judicial District Court, Clark County; David Zenoff, Judge, Department No. 1.
Civil action. From a judgment of the trial court appointing the respondent as administrator with the will annexed and granting to him letters of administration, the petitioner appealed. The Supreme Court, BADT, J., held that an appeal from a judgment must be dismissed as moot.
Appeal dismissed.
Morse, Graves and Compton, and Raymond E. Sutton, of Las Vegas, for Appellant.
Jones, Wiener and Jones, of Las Vegas, for Respondent.
OPINION
Olga Silvagni Moe has appealed from the judgment appointing Michele Silvagni administrator with the will annexed and granting to him letters of administration with the will annexed.
The issue as to who should or should not be appointed administrator with the will annexed has been rendered moot by our opinion and decision of this date in case No. 4238, In the Matter of the Estate of Pietro Ottavio Silvagni, Deceased, Thomas A. Foley, Appellant, v. Michele Silvagni, Respondent, 76 Nev. 93, 349 P.2d 1062, in which we directed further proceedings in the district court for the appointment of Thomas Foley as executor of the same will of the same testator involved in this appeal. This appeal is accordingly dismissed.
McNAMEE, C.J., and PIKE, J., concur.