Aiken v. Peabody

KERNER, Circuit Judge.

Appellants appeal from an order denying their motion suggesting the death of Stuyvesant Peabody and the substitution of Anita Healy Peabody and Joseph Solari, executrix and executor of the last will and testament and of the estate of Stuyvesant Peabody, and allowing the cross-motion of the executrix and the executor that the suit, because of Peabody’s death, be dismissed as to him and his estate.

This is another episode in a suit brought in 1933 by certain creditors on behalf of all the creditors and against Peabody and others, who as former directors of the bankrupt…