Boynton v. Boynton
Superior Court of New Hampshire
In Equity. ■ The cause had been prosecuted by an administratrix de bonis non, who married pending the suit. moved, that the representative of the deceased be permitted to come in and prosecute the bill. There is no bill before the Court. By the marriage of the administratrix the bill abated, and there must be a bill of revivor to enable the cause to proceed.
1Opinion of the CourtGilchrist, C. J.
This cause cannot proceed without a bill of revivor. Wherever a suit abates by the death of a party, and the interest of the person whose death has caused the abatement is transmitted to that representative which the law gives, or ascertains, (as an heir at law, executor, or administrator,) so that the title cannot be disputed at least in the Court of Chancery, but the person in whom the title is vested is alone to be ascertained, the suit may be continued by a bill of revivor, merely. Mitf. PL 69. -So also in the case of the marriage of a female plaintiff, as the sole fact to be ascertained…
2Cases cited2 opinions
- Campbell v. BowneNew York Court of Chancery · 1835
- Douglass v. ShermanNew York Court of Chancery · 1831