Helen Russell Pierce, of the Last Will and Testament of George Washington Pierce, Deceased v. Allen B. Du Mont Laboratories, Inc

Du Mont has moved to docket and dismiss the appeal at bar, that of Pierce, Executrix. The basis asserted for dismissal is the death of the original plaintiff, G. W. Pierce. The suit involves the validity and infringement of certain patents formerly owned by him and now possessed by his Executrix. Du Mont asserts that since, allegedly, the cause of action did not survive G. W. Pierce’s death the suit should have been dismissed by the court below since his Executrix does not have the standing to maintain it. The court below ruled against Du Mont on this issue and determined the case on the…