Woodworth v. Jones

We conclude that the facts stated above show a cause of action in favor of the plaintiff administrator and that under many authorities the plaintiff administrator has a right of action against the defendant administrator in the latter’s representative capacity. This right of action rests upon the principal that when the property of a third person is taken by an administrator in his representative capacity he holds it as assets of the estate and he is liable in such capacity to the party whose property was so taken." One of the leading cases adopting this principle is DeValengin, Admr. v…