Gould v. Schlossberg

March 19, 1939 Leone Coral Gould died, and the fundamental question here presented is whether Herbert Gould was the administrator of her estate with authority on May 19,1939 to file a complaint in the superior court alleging that the negligence of defendants caused her death.

April 15, 1940 defendant Schlossberg, the only one served with summons, withdrew his answer and instead moved to dismiss the complaint, alleging that Herbert Gould was not the administrator when the complaint was filed; that he was appointed April 17, 1940, which was more than one year after the death of the decedent;…