Moe v. Silvagni

Nevada Supreme Court

Decided March 4, 1960

Nevada Supreme Court · decided 1960-03-04

Cited by 4 later decisions — most recently March 1960

4 state decisions

Key passage — most relied on by later courts

“will be appointed administrator with the will annexed”

quoted by 1 later decision, including In Re Silvagni's Estate

Relies on Foley v. Silvagni · In Re Silvagni's Estate

Good law ✅— No negative treatment on recordhow we know

Decided 1960-03-04

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¶1OPINION

¶2By the Court,

Badt, J.:

¶3Olga 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.

¶4The 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.