Claussen v. Brothers

The opinion of the Court was delivered by

Mr. Justice Stabler.

This action was brought originally against the Atlantic Coast Tine Railroad Company and George J. Brothers for the alleged wrongful death of W. F. Claussen. On March 21, 1925, the defendant Brothers died, leaving of force a will in which his widow, Mrs. Erwin S. Brothers, was named as executrix. Thereafter a motion was made by the respondents before his Honor, Judge Mauldin, to substitute Mrs. Brothers, as executrix, as party defendant in the place of her deceased husband. Mrs. Brothers resisted the motion on the ground that Tord…