General

Harold L. R. Thomas, Appellant, v. Rose Edith Des Anges Hawkins, as Administratrix, etc., of Henry L. Des Anges, Deceased, and Others, Respondents

234 A.D. 715·New York Supreme Court, Appellate Division·1931·NY

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Opinion

Harold L. R. Thomas, Appellant, v. Rose Edith Des Anges Hawkins, as Administratrix, etc., of Henry L. Des Anges, Deceased, and Others, Respondents. [MAJORITY] — Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The representative of the decedent’s estate is a necessary party to this action. (Potter v. Ellice, 48 N. Y. 321.) The original representative having died, the new administrator should be substituted in her place as a defendant. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.