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Mary C. Reed and Willard S. Reed vs. Elias M. Shallcross

Delaware Superior Court1917-03-21No. No. 142
6 Boyce 44729 Del. 447

Authorities cited

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Opinion

majority opinion

Boyce, J.,

delivering the opinion of the court:

This action survives to the personal representative of the deceased in right of the deceased. Rev. Code 1915, § 4155. Upon the substitution of the administrator of the deceased as party plaintiff, the name of Willard S. Reed, whojoined with the wife in the action, but was not a necessary party (Rev. Code 1915, § 3052), automatically dropped. The declaration cannot, either before or after the death of the wife, contain any statement of a cause of action, for which the husband alone might sue. A recovery can only be had by the administrator in the right of Mary G. Reed, the deceased.

The demurrer is sustained.