Majority
p. 615Nancy Bain, adm’x with the will annexed of Peter Bain, deceased, vs. Pine.
Headnote
Though one who succeeds another in the administration óf an estate may continue a suit commenced by his predecessor, he is not compellable to do so against his will.In March, .1839, the plaintiff brought an action of replevin against the defendant, to recover a quantity of hemlock logs. In April following, the plaintiff died, and administration de bonis non, with the will annexed of Peter Bain, has since been granted to Silas Brown.
A. Taber,
for the defendant, moved for a rule substituting Silas Brown, administrator, &c. as plaintiff in the place of Nancy Bain, deceased, and that the suit proceed in the name of said Brown. He cited 2 R. S. 115, § 14.
J. Edwards, on behalf of the administrator, opposed the motion.
The object of the statute to which the counsel refers, was to prevent an abatement where the new representative chooses to come in and con-' tinue the suit. Brown, who has succeeded Mrs. Bain in
p. 616
the administration, might have taken her place, and gone on with the action; but we think he has an election; and cannot be compelled to do so against his will.
Motion denied.