Estate of Latsis

CROCKETT, Justice.

The former opinion in this case, 2 Utah 2d 160, 270 P.2d 971, is now before us on rehearing. Upon careful re-examination of that decision and the record upon which it was based we here reaffirm the principles of law stated there (1) that counsel appointed to represent absent heirs has not the power of an attorney in fact to bind the heirs by his own action, and (2) that a purported final order which is in fact conditional is not binding until the conditions are met. Though we need make no modification in the legal principles *367enunciated, we find it necessary to reconsider…