Mize

Joe Crail, Jr., who was the defendant in the court below, has presented two motions in connection with an appeal which is now pending in this court.

In these motions he seeks dismissal of the appeal filed by the Public Administrator of Los Angeles County who is special administrator of the estate of Joe Crail, Sr., deceased. In the other motion he seeks dismissal of part of an appeal filed by 16 individuals who were designated as defendants and counterclaimants in the court below. The combined effect of these motions, if successful, would foreclose any review of a critical portion of the judgment rendered in the trial court.-

Because of the unique and somewhat complex circumstances of this case, a detailed recital of the factual background is necessary to aid understanding of these motions.

Joe Crail, Sr., died on December 4, 1969. Mr. Crail was co-founder of Coast and Southern Federal Savings and Loan Association and at the time of his death he controlled that institution. A holographic will, executed by him on January 10, 1967, was filed with the Los Angeles County Clerk on December 5, 1969. That will disposed of the estate of Mr. Crail primarily to non-relatives. As…