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RANSOM v. BRENNAN

No. 28558.

437 F.2d 513 (1971)

Bill RANSOM, Plaintiff-Appellee, v. Frances Hugh BRENNAN, Executrix, of the Estate of William J. Brennan, Deceased, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 11, 1971.

Attorney(s) appearing for the Case

Ronald C. Kline, Bracewell & Patterson, Houston, Tex., for defendant-appellant.

Jake Johnson, Houston, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

In this appeal we are concerned with the consequences of the plaintiff's failure to substitute properly as a party defendant the executrix of a deceased defendant, in the manner provided by Fed.R.Civ.P. 25(a) (1):

If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased...

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