Steuer v. Hector's Tavern, Inc.

The fact that plaintiff, as widow of a deceased stockholder, has filed her consent to accept 25 shares of stock in the defendant corporation as part payment of her elective share of the estate, does not suffice to make her either the legal or equitable owner of the stock so as to entitle her to maintain a stockholder’s derivative action in her own right (Miller v. Miller, 256 App. Div. 846, affd. 280 N. Y. 716). Nor may she sue in the right of the estate which holds the stock. The duty properly to administer the assets of the estate is vested in the executors, and no such showing of special…