Hoffman v. Tredwell

Citations

• 6 Paige Ch. 308
• 1837 N.Y. LEXIS 289
• 1837 N.Y. Misc. LEXIS 73

Syllabus

<p>Where a bill is filed for partition of real estate and for an account of the rents and profits thereof received by the defendants, and the suit afterwards abates by the death of the complainant, tile heir at law may apply by petition to revive the suit, so far as relates to the partition of the estate and the rents and profits subsequent to the descent to such heir, without joining with the personal representatives of the original complainant, who are entitled to the rents and profits which accrued before that time.</p> <p>And if the personal representatives of the decedent neglect to revive the suit so far as their interest is concerned, the defendants may proceed as in other cases where the representatives of a sole complainant neglect to revive the suit after his death.</p>