Sanders v. New York El. R. Co.

This action was commenced by the late Charles W. Sanders. He died seised of the premises to which the action relates, and leaving a will, in and by which he appointed his wife, Elizabeth B. Sanders, sole executrix, and made her sole devisee of his real estate. The present appeal is from an order reviving the suit, and directing it to be continued in the name of said Elizabeth B. Sanders individually and as executrix. T|ie main contention of the learned counsel for the appellants is founded on the assumption that the present action is a common-law action for trespass. The ease of Dyckman v.…