Rogers v. Gould

Headnote

Executors and administrators —■ parties — jurisdiction ■ — ■ Supreme Court without power to bring in foreign executors, without their consent, as parties defendant in place of their testator in an action pending in this State at his death.

Rogers v. Gould, 210 App. Div. 15 , affirmed.

• Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1924, which reversed an order of Special Term granting a motion for an order substituting the executors of George J. Gould, deceased, in the place and stead of their testator as a defendant in this action and continuing the action against them.

The following question was certified: “ Did the court

at Special Term have power to substitute the executors of the last will and testament of George J. Gould appointed by the Orphans’ Court of New Jersey, where his will was probated, as parties defendant herein, without their consent, in place of the testator, pursuant to the proceedings instituted by the plaintiffs herein for that purpose, and to revive as against them this action, which at the time of the testator’s death was pending in the Supreme Court of this State? ”