Legal Opinion
Messner v. Wyte
District Court, S.D. New York
Decided June 24, 1963PublishedCited by 3 opinions
1Opinion of the Court
METZNER, District Judge.
The executrix of the deceased plaintiff moves pursuant to Fed.R.Civ.P. 25(a) (1) to be substituted as plaintiff in this action. Jurisdiction rests on diversity, plaintiff having been a citizen of New Jersey and defendant a citizen of New York. The movant was appointed in New Jersey as executrix of plaintiff’s estate. She has not applied for ancillary letters in this state.
Rule 25(a) (1) provides:
“If a party dies and the claim is not thereby extinguished, the court * * * may order substitution of the proper parties.”
Defendant, in opposing this motion, relies on…
2Cases cited11 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Cooper v. American Airlines, Inc.Court of Appeals for the Second Circuit · 1945
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Saverio D. Iovino and Leonard P. Luisi v. George Waterson, Jr., Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, SubstitutedCourt of Appeals for the Second Circuit · 1959
- McMaster v. GouldNew York Court of Appeals · 1925
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3Cited by3 opinions
- Tolson v. HodgeCourt of Appeals for the Fourth Circuit · 1969
- Wilmington Trust, Nat'l Ass'n v. Estate of McClendonDistrict Court, S.D. Illinois · 2018
- Troy L. Tolson v. Melba Joyce Hodge, Administratrix of the Estate of Arthur Eugene Hodge, Troy L. Tolson v. Melba Joyce Hodge, Administratrix of the Estate of Arthur Eugene HodgeCourt of Appeals for the Fourth Circuit · 1969