Estate of Lermond

W.A. Crowell, public administrator of the county of Placer, applied for letters of administration upon the estate of deceased, and having been denied them, he moved for a new trial, and from an order denying his motion he took his appeal to this court. While this appeal was pending he resigned from the office, and one W.A. Shepherd was appointed in his place, and here seeks to be substituted. A motion to dismiss the appeal is made upon the ground that the action abated with the resignation of Crowell, and, even if we assume that a motion for a new trial will lie in such a case, this motion…