Tanner v. King

RSA 556:19 provides that “Any person interested in the estate of a person deceased may begin an action as administrator, which shall not be abated nor the attachment lost because such person is not administrator, nor by his decease, if the administrator then or afterward appointed shall, at the first or second term of the court, indorse the writ and prosecute it as plaintiff.”

The question to be decided is whether the plaintiff who began this action for wrongful death as a “person interested in the estate” can prosecute it to a conclusion in that capacity or must it be prosecuted by an…