#### In re Will and Estate of CURTIS B. JOHNSON, Deceased.

(Filed 9 May, 1951.)

Appeal and Error § 31e—

Where the questions sought to be presented become moot as of the time for decision, the appeal will be dismissed.

Appeal by tbe Union National Bank, respondent, and Ida J. Lee, George L. Lee, Harry J. Lee and S. M. Lee, Jr., interveners, from judgment of Sink, J., at March Term, 1951, Regular Civil Term of MecK-LENBUKG.

Petition in tbe cause to determine collectorship of estate pending appeal in re letters to personal representative.

Following tbe judgment of Phillips, J., entered in this matter on 11 December, 1950, suggesting that in tbe event of an appeal from bis judgment, tbe Clerk appoint “some other discreet person” as collector to preserve tbe estate pending tbe appeal, tbe Clerk did, on 22 January, 1951, enter an order appointing the Union National Bank of Charlotte as such collector, to which order tbe American Trust Company objected and appealed to the judge of tbe Superior Court who reversed tbe Clerk’s order and directed that be appoint “some discreet person other than Union National Bank of Charlotte or American Trust Company, pending final determination” of tbe appeal from tbe judgment of Phillips, J., as aforesaid, and from this judgment tbe Union National Bank, tbe sister and nephews of tbe deceased, objected and appealed, assigning errors.

Tillett, Campbell, Craighill <& Rendleman for respondent, Union National Bank, appellant.

Covington ■& Lobdell for interveners, Ida J. Lee, et al., appellants.

Helms & Mulliss and John W. Jojinston for American Trust Co., appellee.

Stacy, C. J.

This is tbe second appeal from orders entered in tbe same matter. As tbe order here appealed from affects only tbe collector-ship of tbe estate pending tbe original appeal, decided this day, it is apparent that tbe questions 'presently sought to be presented are now moot or academic as tbe pendency of tbe appeal comes to an end simultaneously herewith. Hence this second appeal will be dismissed and tbe appellants taxed with tbe costs.

Appeal dismissed.