Legal Opinion
Richardson v. Butler
New York Supreme Court
Decided May 23, 1961PublishedCited by 3 opinions
1Opinion of the CourtClarence J. Henry, J.
On August 13, 1960, Rosamond W. Richardson, executrix of the estate of C. Howard Richardson, deceased, by service of a summons, commenced an action (Action 1) against Forbes Butler, the petitioner herein. Two days thereafter Rosamond W. Richardson died.
On some unknown later date (apparently shortly after the death of the executrix) Clark Howard Richardson, one of the defendants in Action 2, was appointed administrator c. t. a., of the C. Howard Richardson estate.
*560No new summons with Clark Howard Richardson as administrator c. t. a., as plaintiff, was ever served on the petitioner [plaintiff…
2Cases cited3 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Potter v. . ElliceNew York Court of Appeals · 1872
- Thomas v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by3 opinions
- Doherty v. StraughnSupreme Court of Delaware · 1979
- In re the Estate of CarrickNew York Surrogate's Court · 1980
- In re the Estate of JohnsonNew York Surrogate's Court · 1982