Ellis v. Sill

The opinion o£ the court was delivered by

Price, J.:

This is an action for wrongful death. Defendants have appealed from an order overruling their demurrer to the petition.

The primary question presented is this:

Under our wrongful-death statute — where no personal representative of the decedent has been appointed — and where the decedent leaves no surviving spouse — are all of the next of kin of decedent indispensable parties to the action?

G. S. 1961 Supp. 60-3203, in material part reads:

“When the death of one is caused by the wrongful act or omission of another, the personal representatives of…