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SCAMMAN v. SONDHEIM

No. 4077.

97 N.H. 280 (1952)

CHARLES J. SCAMMAN v. ARTHUR A. SONDHEIM & a. Ex'rs.

Supreme Court of New Hampshire.

February 5, 1952.

Attorney(s) appearing for the Case

George R. Scammon for the plaintiff, filed no brief.

Charles M. Dale and Ray E. Burkett (Mr. Burkett orally), for the defendants.

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the guardian of the minor legatees.

KENISON, J.

In the absence of special circumstances, it is the general rule that an executor or administrator is the only proper party to bring or defend actions relating to the personal estate of the deceased. Reynolds v. Kenney, 87 N.H. 313, 314; Mitchell v. Smith, 90 N.H. 36, 41; Champollion v. Corbin, 71 N.H. 78. "In contrast, heirs and legatees are not parties in interest, in the legal sense of the term, in a proceeding...

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