In re the Estate of Dayton

Schulz, S.

Pending a contest of the alleged will of the decedent a temporary administrator was appointed. The decree admitting the will to probate was entered on May 5, 1917. Thereafter, and on May seventh, letters testamentary were issued to the executor named therein, and on June 1, 1917, an appeal was taken by some of the heirs at law and next of kin. This appeal is as yet undetermined. Upon the issuance of letters testamentary the temporary administrator became functus oficio and its power ceased (Matter of Choate, 105 App. Div. 356; People ex rel. Avery v. Purdy, 155 id. 607; affd., 209…