Salter v. Columbia Concerts, Inc.

The executrix of the will of the deceased plaintiff in a stockholder’s derivative action, who died since its *480commencement, moves to have herself substituted as plaintiff. The action was begun in January, 1947, and is at issue and on the Special Term Calendar pursuant to a note of issue for the April, 1947, Term. The original plaintiff died on June 7, 1947, leaving a last will and testament duly admitted to probate in the Surrogate’s Court, New York County. This will, by article fourth, disposes of the decedent’s capital stock in the corporate defendant as follows: “Fourth: I give, devise and…