Espenscheid v. Espenscheid 151 N.Y. 668

Nicholas Espenscheid, as Administrator, etc., and in Person, as Heir-at-Law, etc., Appellant, v. Frederick Espenscheid et al., Respondents.

(Submitted February 1, 1897;

decided February 9, 1897.)

Motion to prefer, under subdivision 5, section .791 of the Code of Civil Procedure, on the ground that an administrator is the sole plaintiff.

S. K. & B. C. Williams for motion.