Anderson v. Brady

SWINFORD, District Judge.

This case is before me on the written objection of John M. Seaton, Kendall G. Sea-ton, and Edward W. Seaton, co-executors of the will of Eliza I. Seaton, deceased, to the entry of a judgment against them, as executors, and on their motion to dismiss the complaint as against Eliza I. Seaton, deceased. They seek to apply Rule 25(a) (1), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which provides that if a party dies, the court, within two years after the death, may order substitution of the proper parties and if the substitution is not made, the action…