Scamman v. Sondheim

In the absence of special circumstances, it is the general rule that an executor or administrator is the only proper party to bring or defend actions relating to the personal estate of the deceased. Reynolds v. Kenney, 87 N. H. 313, 314; Mitchell v. Smith, 90 N. H. 36, 41; Champollion v. Corbin, 71 N. H. 78. “In contrast, heirs and legatees are not parties in interest, in the legal sense of the term, in a proceeding by or against the representative of the estate, any more than creditors. The representative’s authority is regulated by statute, and in general he is under judicial control…