Reid v. Smith

MoRRis, J.. , This case presents for determination the question of whether a party who has not been appointed administrator or administratrix, and who has not offered herself for qualification, may, upon a false •allegation of appointment, commence an action for wrongful death, and, following the expiration of the statute of limitations, validate that action by a subsequent appointment.

G.S. 28-173 provides for recovery in the case of a wrongful death by an executor, administrator, or collector of the decedent. G.S. .1-53(4) provides that an action brought pursuant to the provisions :of G.S.…